Chapter 248 - Vehicle Highway Use

Sec. 14-212. Definitions. Terms used in this chapter shall be construed as follows, unless another construction is clearly apparent from the language or context in which the term is used or unless the construction is inconsistent with the manifest intention of the General Assembly:

(1) The following terms shall be construed as they are defined in section 14-1: “Agricultural tractor”, “authorized emergency vehicle”, “class 1 electric bicycle”, “class 2 electric bicycle”, “class 3 electric bicycle”, “commissioner”, “driver”, “electric bicycle”, “electric scooter”, “fuels”, “gross weight”, “head lamp”, “high-mileage vehicle”, “highway”, “light weight”, “limited access highway”, “maintenance vehicle”, “motor bus”, “motorcycle”, “motor vehicle registration”, “nonresident”, “nonskid device”, “number plate”, “officer”, “operator”, “owner”, “passenger motor vehicle”, “passenger and commercial motor vehicle”, “person”, “pneumatic tires”, “pole trailer”, “registration”, “registration number”, “second offense”, “semitrailer”, “shoulder”, “solid tires”, “stop”, “subsequent offense”, “tail lamp”, “tank vehicle”, “tractor”, “tractor-trailer unit”, “trailer”, “truck” and “vanpool vehicle”;

(2) “Carrier” means (A) any local or regional school district, any educational institution providing elementary or secondary education or any person, firm or corporation under contract to such district or institution engaged in the business of transporting students, or (B) any person, firm or corporation engaged in the business of transporting primarily persons under the age of twenty-one years for compensation;

(3) “Curb” includes the boundary of the traveled portion of any highway, whether or not the boundary is marked by a curbstone;

(4) “Intersection” means the area embraced within the prolongation of the lateral curb lines of two or more highways which join one another at an angle, whether or not one of the highways crosses the other;

(5) “Motor vehicle” includes all vehicles used on the public highways;

(6) “Parking area” means lots, areas or other accommodations for the parking of motor vehicles off the street or highway and open to public use with or without charge;

(7) “Rotary” or “roundabout” means a physical barrier legally placed or constructed at an intersection to cause traffic to move in a circuitous course;

(8) “Student” means any person under the age of twenty-one years who is attending a preprimary, primary or secondary school program of education;

(9) “Student transportation vehicle” means any motor vehicle other than a registered school bus used by a carrier for the transportation of students to or from school, school programs or school-sponsored events; and

(10) “Vehicle” has the same meaning as “motor vehicle”.

(1949 Rev., S. 2488; February, 1965, P.A. 448, S. 16; P.A. 84-429, S. 38; P.A. 90-112, S. 3, 14; 90-263, S. 50, 74; P.A. 94-189, S. 31, 34; P.A. 05-210, S. 24; P.A. 08-150, S. 2; P.A. 10-110, S. 36; P.A. 18-165, S. 5; P.A. 19-162, S. 3; P.A. 21-195, S. 4; P.A. 25-159, S. 42.)

History: 1965 act deleted provisions excepting rail or track vehicles and including all motor vehicle statutory definitions by reference and added “motor vehicle”; P.A. 84-429 substantially revised section, dividing section into Subdivs., applying definitions in Sec. 14-1 to terms added in Subdiv. (1) and added definitions in Subdivs. (2), (3), (5) and (6); P.A. 90-112 added definitions of “carrier” in Subdiv. (2) and “student transportation vehicle” in Subdiv. (8), renumbering remaining Subdivs. accordingly; P.A. 90-263 amended Subdiv. (1) to delete from list of terms “commercial motor vehicle” and “public service motor vehicle”; P.A. 94-189 redefined “carrier”, effective July 1, 1994; P.A. 05-210 amended Subdiv. (7) by changing “Rotary traffic island” to “Rotary” or “roundabout”, effective July 1, 2005; P.A. 08-150 added new Subdiv. (8) defining “student” and renumbered existing Subdivs. (8) and (9) as Subdivs. (9) and (10); P.A. 10-110 redefined “carrier” in Subdiv. (2), redefined “student transportation vehicle” in Subdiv. (9) and made a technical change in Subdiv. (10), effective July 1, 2011; P.A. 18-165 amended Subdiv. (1) to add “class 1 electric bicycle”, “class 2 electric bicycle”, “class 3 electric bicycle” and “electric bicycle”; P.A. 19-162 amended Subdiv. (1) to add “electric foot scooter,”; P.A. 21-195 amended Subdiv. (1) to add “agricultural tractor” and “tank vehicle”; P.A. 25-159 applied definitions to Sec. 14-289n and amended Subdiv. (1) by replacing “electric foot scooter” with “electric scooter”.

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Sec. 14-212c. Fines doubled for failure to yield right-of-way to person riding bicycle, electric bicycle or electric scooter. A surcharge shall be imposed equivalent to one hundred per cent of the fine established or imposed for a violation of subsection (e) of section 14-242, section 14-245, 14-246a, 14-247 or 14-247a for such violation when the driver of a vehicle fails to grant or yield the right-of-way to a person riding a bicycle, as defined in section 14-286, an electric bicycle or an electric scooter.

(P.A. 98-165, S. 1; P.A. 18-165, S. 6; P.A. 19-162, S. 4; P.A. 25-159, S. 43.)

History: P.A. 18-165 added “or a person riding an electric bicycle”; P.A. 19-162 added “or an electric foot scooter” and made a conforming change; P.A. 25-159 replaced reference to electric foot scooter with reference to electric scooter.

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Sec. 14-212d. Highway work zone. Highway worker. Endangerment of highway worker. Penalties. (a) As used in this section and section 14-212e: (1) “Highway work zone” means an area of a state highway where construction, maintenance or utility work is being performed. Such work zone shall be marked by signs, channeling devices, barriers, pavement markings or work vehicles, and extends from the first warning sign or high-intensity rotating, flashing, oscillating or strobe lights on a vehicle to the “END ROAD WORK” sign or the last temporary traffic control device; and (2) “highway worker” means a person who is required to perform the duties of such person's job on state bridges, state roads or in highway work zones, including: (A) A person who performs maintenance, repair or construction of state bridges, state roads, shoulders, medians and associated rights-of-way in highway work zones; (B) a person who operates a truck, loader or other equipment on state bridges, state roads or in highway work zones; (C) a person who performs any other related maintenance work, as required, on state bridges, state roads or in highway work zones; (D) a state or local public safety officer who enforces work zone-related transportation management and traffic control; (E) a state or local public safety officer who conducts traffic control or enforcement operations on state bridges, state roads, shoulders, medians and associated rights-of-way; and (F) a state or local public safety officer or firefighter, an emergency medical services provider, or any other authorized person, who removes hazards from state bridges, state roadways, shoulders, medians and associated rights-of-way, or who responds to accidents and other incidents on state bridges, state roads, shoulders, medians, associated rights-of-way or in highway work zones.

(b) A person shall be deemed to commit the offense of “endangerment of a highway worker” if such person is operating a motor vehicle within a highway work zone, as defined in subsection (a) of this section, and commits any of the following: (1) Exceeding the posted speed limit by fifteen miles per hour or more; (2) failure to obey traffic control devices erected for purposes of controlling the flow of motor vehicles through such zone for any reason other than: (A) An emergency, (B) the avoidance of an obstacle, or (C) the protection of the health and safety of another person; (3) driving through or around such zone in any lane not clearly designated for use by motor vehicles traveling through or around such zone; or (4) physically assaulting, attempting to assault, or threatening to assault a highway worker with a motor vehicle or other instrument.

(c) No person shall be cited or convicted for endangerment of a highway worker unless the act or omission constituting the offense occurs when one or more highway workers are in the highway work zone and in proximity to the area where such act or omission occurs.

(d) Upon conviction or a plea of guilty for committing the offense of “endangerment of a highway worker”, as defined in subsection (b) of this section, a person shall be subject to a fine of not more than five hundred dollars if no physical injury, as defined in section 53a-3, occurs and shall be subject to a fine of not more than one thousand dollars if any such physical injury occurs, in addition to any other penalty authorized by law.

(e) A person shall be deemed to commit the offense of “aggravated endangerment of a highway worker” upon conviction or a plea of guilty for any offense set forth in subsection (b) of this section while such person is operating a motor vehicle within a highway work zone, as defined in subsection (a) of this section, and which results in the serious physical injury, as defined in section 53a-3, or death of a highway worker.

(f) Upon conviction or a plea of guilty for committing the offense of aggravated endangerment of a highway worker, a person shall be subject to a fine of (1) not more than ten thousand dollars if such offense results in serious physical injury to a highway worker, or (2) twenty thousand dollars if such offense results in the death of a highway worker, in addition to any other penalty authorized by law.

(g) No person shall be cited or convicted for endangerment of a highway worker or aggravated endangerment of a highway worker for any act or omission otherwise constituting an offense under this section if such act or omission results, in whole or in part, from mechanical failure of such person's motor vehicle or from the negligence of a highway worker or other person.

(P.A. 08-114, S. 1; P.A. 25-159, S. 65.)

History: P.A. 25-159 amended Subsec.(f) by increasing fine from $5,000 to $10,000 in Subdiv. (1) and increasing fine from $10,000 to $20,000 in Subdiv. (2).

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Sec. 14-219. Speeding. (a) No person shall operate any motor vehicle (1) upon any highway, road or any parking area for ten cars or more, at such a rate of speed as to endanger the life of any occupant of such motor vehicle, but not the life of any other person than such an occupant; (2) at a rate of speed greater than fifty-five miles per hour upon any highway other than a highway specified in subdivision (1) of subsection (b) of section 14-218a for which a speed limit has been established in accordance with the provisions of said subdivision; (3) at a rate of speed greater than sixty-five miles per hour upon any highway specified in subdivision (1) of subsection (b) of section 14-218a for which a speed limit has been established in accordance with the provisions of said subdivision; (4) if such person is under eighteen years of age, upon any highway or road for which a speed limit of less than sixty-five miles per hour has been established in accordance with section 14-218a, or section 14-307a, at a rate of speed more than twenty miles per hour above such speed limit; or (5) at a rate of speed greater than the speed limit upon a limited access highway for which a speed limit has been established in accordance with the provisions of subdivision (2) of subsection (b) of section 14-218a.

(b) Any person who operates a motor vehicle (1) on a multiple lane, limited access highway other than a highway specified in subdivision (1) of subsection (b) of section 14-218a for which a speed limit has been established in accordance with the provisions of said subdivision at a rate of speed greater than fifty-five miles per hour but not greater than seventy miles per hour, (2) on a multiple lane, limited access highway specified in subdivision (1) of subsection (b) of section 14-218a for which a speed limit has been established in accordance with the provisions of said subdivision at a rate of speed greater than sixty-five miles per hour but not greater than seventy miles per hour, (3) on any other highway at a rate of speed greater than fifty-five miles per hour but not greater than sixty miles per hour, (4) if such person is under eighteen years of age, upon any highway or road for which a speed limit of less than sixty-five miles per hour has been established in accordance with section 14-218a, or section 14-307a, at a rate of speed more than twenty miles per hour above such speed limit, or (5) at a rate of speed greater than the speed limit upon a limited access highway for which a speed limit has been established in accordance with the provisions of subdivision (2) of subsection (b) of section 14-218a shall commit an infraction, provided any such person operating a truck, as defined in section 14-260n, shall have committed a violation and shall be fined not less than one hundred dollars nor more than one hundred fifty dollars.

(c) Any person who violates any provision of subdivision (1) of subsection (a) of this section or who operates a motor vehicle (1) on a multiple lane, limited access highway at a rate of speed greater than seventy miles per hour but not greater than eighty-five miles per hour, or (2) on any other highway at a rate of speed greater than sixty miles per hour but not greater than eighty-five miles per hour, shall be fined not less than one hundred dollars nor more than one hundred fifty dollars, provided any such person operating a motor vehicle described in subsection (a) of section 14-163c shall be fined not less than one hundred fifty dollars nor more than two hundred dollars.

(d) No person shall be subject to prosecution because of the same offense for a violation of both (1) subsection (a) of this section, and (2) subsection (a) or (b) of section 14-222.

(e) Notwithstanding any provision of the general statutes, any person who violates subdivision (1) of subsection (a) of this section, subdivision (1) or (2) of subsection (b) of this section while operating a truck, as defined in section 14-260n, or subdivision (1) of subsection (c) of this section while operating a motor vehicle or a truck, as defined in section 14-260n, shall follow the procedures set forth in section 51-164n.

(1949 Rev., S. 2407; 1961, P.A. 379, S. 2; 517, S. 15; 1963, P.A. 289; 595; February, 1965, P.A. 92; 1969, P.A. 450, S. 1, 2; 670, S. 1, 2; P.A. 73-253, S. 1; P.A. 75-577, S. 6, 126; P.A. 79-609, S. 1; P.A. 80-276, S. 1, 6; P.A. 84-372, S. 5, 9; P.A. 90-213, S. 7; P.A. 98-181, S. 2; P.A. 08-32, S. 13; P.A. 09-187, S. 14; P.A. 10-110, S. 18; P.A. 21-28, S. 9; P.A. 22-40, S. 3; P.A. 25-19, S. 10.)

History: 1961 acts amended Subsec. (a) to add parking areas for ten cars or more and deleted exception for Merritt Parkway from first sentence of Subsec. (b); 1963 acts established maximum speed limits in Subsec. (a)(2) and added roads of specially chartered municipal associations; 1965 act added district roads to Subsec. (a); 1969 acts amended Subsecs. (a) and (b) to add provisions re private roads and to establish speed limits applicable to commercial vehicles; P.A. 73-253 prohibited operation of vehicle at greater than reasonable speed on school property; P.A. 75-577 deleted provisions of Subsec. (a) re operation at greater than reasonable speed, deleted Subsec. (b) re determination of speed limits and relettered former Subsec. (c) as Subsec. (b); P.A. 79-609 reduced speed limit from 70 to 55 miles per hour with limit being generally applicable, special limit provisions were deleted; P.A. 80-276 inserted new Subsec. (b) re offenses deemed infractions and expanded Subsec. (c) re speeding offenses and replaced $100 maximum fine with $100 minimum fine and $150 maximum fine; P.A. 84-372 established higher penalties for person operating a truck; P.A. 90-213 amended Subsec. (c)(1) and (2) to establish a maximum speed of 85 miles per hour and added Subsec. (e) to require a person who violates Subsec. (a)(1), Subsec. (b)(1) while operating a truck, or Subsec. (c)(1) while operating a motor vehicle or truck to follow the procedures set forth in Sec. 51-164n; P.A. 98-181 amended Subsec. (a)(2) to exclude a highway for which a speed limit has been established in accordance with Sec. 14-218a(b) and to add Subdiv. (3) prohibiting operation at a rate of speed greater than 65 miles per hour on a highway for which a speed limit has been established in accordance with Sec. 14-218a(b), amended Subsec. (b)(1) to exclude a highway for which a speed limit has been established in accordance with Sec. 14-218a(b) and to add Subdiv. (2) prohibiting operation on a multiple lane, limited access highway for which a speed limit has been established in accordance with Sec. 14-218a(b) at a rate of speed greater than 65 miles per hour but not greater than 70 miles per hour, renumbering former Subdiv. (2) as Subdiv. (3), and amended Subsec. (e) to include a violation of Subdiv. (2) of Subsec. (b) while operating a truck; P.A. 08-32 added Subsec. (a)(4) and Subsec. (b)(4) re person under 18 years of age who operates motor vehicle upon certain highways or roads at rate of speed 20 miles per hour or more above established speed limit and made technical changes, effective August 1, 2008; P.A. 09-187 amended Subsecs. (a)(4) and (b)(4) to replace “twenty miles per hour or more” with “more than twenty miles per hour” and made a technical change in Subsec. (a), effective July 8, 2009; P.A. 10-110 amended Subsec. (c)(2) to substitute “motor vehicle described in subsection (a) of section 14-163c” for “truck, as defined in section 14-260n”; P.A. 21-28 amended Subsecs. (a) and (b) by replacing reference to Sec. 14-218a(a) with reference to Sec. 14-218a and adding reference to Sec. 14-307a; P.A. 22-40 amended Subsecs. (a) and (b) by replacing reference to Sec. 14-218a(b) with reference to Sec. 14-218a(b)(1) and adding Subdiv. (5) re speed limit established in accordance with Sec. 14-218a(b)(2) and made technical changes; P.A. 25-19 amended Subsec. (d) by designating existing provisions as Subdivs. (1) and (2), adding reference to Sec. 14-222(b) in Subdiv. (2) and making a technical change.

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Sec. 14-219b. Limitation of municipal liability. Nothing in section 14-218a or 14-222 or subsection (a) of section 14-227a shall be construed to impose any liability upon any municipality as a result of its establishing a speed limit upon any private road within its jurisdiction as provided by section 14-218a.

(1969, P.A. 450, S. 5; P.A. 77-340, S. 6; P.A. 25-19, S. 13.)

History: P.A. 77-340 replaced references to Sec. 14-219 with references to Sec. 14-218a; P.A. 25-19 replaced reference to Sec. 14-222(a) with reference to Sec. 14-222 and made a technical change.

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Sec. 14-222. Reckless driving. (a)(1) No person shall operate any motor vehicle upon any public highway of the state, or any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or section 14-307a or upon any school property recklessly, having regard to the width, traffic and use of such highway, road, school property or parking area, the intersection of streets and the weather conditions. The operation of a motor vehicle upon any such highway, road or parking area for ten cars or more at such a rate of speed as to endanger the life of any person other than the operator of such motor vehicle, or the operation, downgrade, upon any highway, of any motor vehicle with a commercial registration with the clutch or gears disengaged, or the operation knowingly of a motor vehicle with defective mechanism, shall constitute a violation of the provisions of this subsection. The operation of a motor vehicle upon any such highway, road or parking area for ten cars or more at a rate of speed greater than eighty-five miles per hour but not greater than one hundred miles per hour shall constitute a violation of the provisions of this subsection.

(2) Any person who violates any provision of subdivision (1) of this subsection shall be fined not less than one hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days or be both fined and imprisoned for the first offense and for each subsequent offense shall be fined not more than six hundred dollars or imprisoned not more than one year or be both fined and imprisoned.

(b) (1) No person shall operate any motor vehicle upon any public highway of the state, or any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or 14-307a or upon any school property at a rate of speed greater than one hundred miles per hour.

(2) Any person who violates subdivision (1) of this subsection shall be fined not less than two hundred dollars nor more than six hundred dollars or imprisoned not more than thirty days or be both fined and imprisoned for the first offense and for each subsequent offense shall be fined not more than one thousand dollars or imprisoned not more than one year or be both fined and imprisoned.

(3) Any police officer who arrests a person for a violation of subdivision (1) of this subsection, who has previously been convicted of a violation of subdivision (1) of this subsection, shall cause the motor vehicle such person was operating at the time of the current offense to be impounded for a period of forty-eight hours after such arrest. The owner of such motor vehicle may reclaim such motor vehicle after the expiration of such forty-eight-hour period upon payment of all towing and storage costs.

(c) No person shall be subject to prosecution because of the same offense for a violation of both (1) subsection (a) or (b) of this section, and (2) subsection (a) of section 14-219.

(1949 Rev., S. 2408; 1961, P.A. 379, S. 3; 1963, P.A. 290; February, 1965, P.A. 224; 1969, P.A. 450, S. 3; 1971, P.A. 31; P.A. 73-253, S. 2; P.A. 77-340, S. 7; P.A. 81-268, S. 1; P.A. 90-213, S. 8; 90-263, S. 67, 74; P.A. 21-28, S. 10; P.A. 25-19, S. 9.)

History: 1961 act amended Subsec. (a) to include parking areas for ten or more cars; 1963 act amended Subsec. (a) to include roads of specially chartered municipal associations; 1965 act added district roads to Subsec. (a); 1969 act prohibited operating vehicle recklessly on private roads with established speed limits; 1971 act replaced “occupant” with “operator” in Subsec. (a) provision re endangerment; P.A. 73-253 prohibited operating vehicle recklessly on school property; P.A. 77-340 replaced reference to Sec. 14-219 in Subsec. (a) with reference to Sec. 14-218a; P.A. 81-268 amended Subsec. (b) by establishing a minimum fine of $100 and increasing the maximum fine from $100 to $300 for first offenses, and increasing the maximum fine for subsequent offenses from $200 to $600; P.A. 90-213 amended Subsec. (a) to add provision that operation of a motor vehicle at a rate of speed greater than 85 miles per hour constitutes a violation of the section; P.A. 90-263 amended Subsec. (a) to substitute phrase “motor vehicle with a commercial registration” for “commercial motor vehicle”; P.A. 21-28 amended Subsec. (a) by adding reference to Sec. 14-307a; P.A. 25-19 redesignated existing Subsecs. (a) and (b) as Subsec. (a)(1) and (2) and amended Subsec. (a)(1) to limit the applicability to operation of a motor vehicle at a rate of speed greater than 85 miles per hour, but not greater than 100 miles per hour and make technical changes, added new Subsec. (b) re operation of a motor vehicle at a rate of speed greater than 100 miles per hour and added Subsec. (c) re prohibition on prosecuting multiple violations for the same offense.

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Sec. 14-224. Evasion of responsibility in operation of motor vehicles. Racing, contests, demonstrations of speed or skill or street takeovers. Required removal of motor vehicle from traveled portion of highway. Penalties. (a) Each operator of a motor vehicle who is knowingly involved in an accident which results in the death of any other person shall at once stop and render such assistance as may be needed and shall give such operator's name, address and operator's license number and registration number to any officer or witness to the death of any person, and if such operator of the motor vehicle causing the death of any person is unable to give such operator's name, address and operator's license number and registration number to any witness or officer, for any reason or cause, such operator shall immediately report such death of any person to a police officer, a constable, a state police officer or an inspector of motor vehicles or at the nearest police precinct or station, and shall state in such report the location and circumstances of the accident causing the death of any person and such operator's name, address, operator's license number and registration number.

(b) (1) Each operator of a motor vehicle who is knowingly involved in an accident which causes serious physical injury, as defined in section 53a-3, to any other person shall at once stop and render such assistance as may be needed and shall give such operator's name, address and operator's license number and registration number to the person injured or to any officer or witness to the serious physical injury to person. If such operator of the motor vehicle causing the serious physical injury of any person is unable to give such operator's name, address and operator's license number and registration number to the person injured or to any witness or officer, for any reason or cause, such operator shall immediately report such serious physical injury of any person to a police officer, a constable, a state police officer or an inspector of motor vehicles or at the nearest police precinct or station, and shall state in such report the location and circumstances of the accident causing the serious physical injury of any person and such operator's name, address, operator's license number and registration number.

(2) Each operator of a motor vehicle who is knowingly involved in an accident that causes physical injury, as defined in section 53a-3, to any other person shall at once stop and render such assistance as may be needed and shall give such operator's name, address and operator's license number and registration number to the person injured or to any officer or witness to the physical injury. If such operator of the motor vehicle causing the physical injury is unable to give such operator's name, address and operator's license number and registration number to the person injured or to any witness or officer, for any reason or cause, such operator shall immediately report such physical injury of any person to a police officer, a constable, a state police officer or an inspector of motor vehicles or at the nearest police precinct or station, and shall state in such report the location and circumstances of the accident causing the physical injury of any person and such operator's name, address, operator's license number and registration number.

(3) Each operator of a motor vehicle who is knowingly involved in an accident that causes injury or damage to property shall at once stop and render such assistance as may be needed and shall give such operator's name, address and operator's license number and registration number to the owner of the injured or damaged property, or to any officer or witness to the injury or damage to property, and if such operator of the motor vehicle causing the injury or damage to any property is unable to give such operator's name, address and operator's license number and registration number to the owner of the property injured or damaged, or to any witness or officer, for any reason or cause, such operator shall immediately report such injury or damage to property to a police officer, a constable, a state police officer or an inspector of motor vehicles or at the nearest police precinct or station, and shall state in such report the location and circumstances of the accident causing the injury or damage to property and such operator's name, address, operator's license number and registration number.

(c) (1) No person shall operate a motor vehicle upon any public highway or parking area for any race, contest, demonstration of speed or skill or street takeover. As used in this section, “street takeover” means taking over a portion of a public highway or parking area by blocking or impeding the regular flow of traffic with intent to cause disorder or create a nuisance for other users of such highway or parking area.

(2) No person shall (A) possess a motor vehicle under circumstances manifesting an intent that it be used in a race, contest, demonstration or street takeover prohibited under subdivision (1) of this subsection, (B) act as a starter, timekeeper or judge at any such race, contest, demonstration or street takeover, or (C) wager on the outcome of any such race, contest, demonstration or street takeover, or (D) knowingly incite or recruit by any action, method, device or means, including, but not limited to, electronic or social media, in advance of any such race, contest, demonstration or street takeover, any person for participation in the performance of any such race, contest, demonstration or street takeover.

(d) Each person operating a motor vehicle who is knowingly involved in an accident on a limited access highway which causes damage to property only shall immediately move or cause such person's motor vehicle to be moved from the traveled portion of the highway to an untraveled area which is adjacent to the accident site if it is possible to move the motor vehicle without risk of further damage to property or injury to any person.

(e) No person who acts in accordance with the provisions of subsection (d) of this section may be considered to have violated subdivision (3) of subsection (b) of this section.

(f) Any person who violates the provisions of subsection (a) or subdivision (1) of subsection (b) of this section shall be guilty of a class B felony.

(g) (1) Any person who violates the provisions of subdivision (2) of subsection (b) of this section shall be guilty of a class D felony.

(2) Any person who violates the provisions of subdivision (3) of subsection (b) of this section or subdivision (1) of subsection (c) of this section shall be guilty of a (A) class A misdemeanor for a first offense, and (B) class D felony for any subsequent offense, for which the court shall impose a fine of at least two thousand dollars.

(3) Any person who violates the provisions of subdivision (2) of subsection (c) of this section shall be guilty of a class B misdemeanor.

(h) In addition to any penalty imposed pursuant to subsection (g) of this section: (1) If any person is convicted of a violation of subdivision (1) of subsection (c) of this section and the motor vehicle being operated by such person at the time of the violation is registered to such person, the court may order such motor vehicle to be impounded for not more than thirty days and such person shall be responsible for any fees or costs resulting from such impoundment; or (2) if any person is convicted of a violation of subdivision (1) of subsection (c) of this section and the motor vehicle being operated by such person at the time of the violation is not registered to such person, the court may fine such person not more than two thousand dollars, and for any subsequent offense may fine such person not more than three thousand dollars.

(1949 Rev., S. 2410; September, 1957, P.A. 11, S. 8; P.A. 81-268, S. 2; P.A. 82-472, S. 45, 183; P.A. 83-135; 83-534, S. 10; P.A. 94-188, S. 9; P.A. 97-291, S. 3, 5; P.A. 06-173, S. 2; P.A. 09-120, S. 1; P.A. 14-130, S. 25; P.A. 15-211, S. 28; P.A. 16-94, S. 1; P.A. 19-53, S. 3; P.A. 21-175, S. 23; P.A. 23-135, S. 39; 23-203, S. 4; P.A. 25-80, S. 5.)

History: P.A. 81-268 amended Subsec. (c) by increasing the minimum fine from $50 to $75 and the maximum fine from $100 to $200 for first offenses, and increasing the maximum fine for subsequent offenses from $200 to $600; P.A. 82-472 made a technical correction; P.A. 83-135 amended Subsec. (c) by increasing the maximum fine from $200 to $600 for a first offense and from $600 to $1,000 for a subsequent offense; P.A. 83-534 inserted new Subsecs. (a) and (d) re evading responsibility in an accident causing serious physical injury or death and the penalty therefor, redesignated the former Subsecs. and limited the former provisions re evading responsibility to accidents causing “physical injury as defined in section 53a-3” or injury or damage to property; P.A. 94-188 inserted new Subsecs. (d) and (e) re removal of vehicle from traveled portion of highway and redesignated the former Subsecs. (d) and (e) as (f) and (g); P.A. 97-291 amended Subsec. (f) to increase the maximum fine from $5,000 to $10,000 and the maximum term of imprisonment from 5 to 10 years; P.A. 06-173 amended Subsec. (c) to designate existing provision as Subdiv. (1) and add Subdiv. (2) prohibiting a person possessing a motor vehicle under circumstances manifesting an intent that it be used in a race or event prohibited under Subdiv. (1), acting as a starter, timekeeper, judge or spectator at such a race or event or wagering on the outcome of such a race or event; P.A. 09-120 added Subsec. (h) re motor vehicle impoundment or fine for violation of Subsec. (c)(1), effective July 1, 2009; P.A. 14-130 amended Subsec. (a) by deleting provisions re serious physical injury, amended Subsec. (b) by designating existing provisions as Subdiv. (1) and amending same by replacing provisions re physical injury with provisions re serious physical injury and deleting provisions re injury or damage to property, adding Subdiv. (2) re accident that causes physical injury and adding Subdiv. (3) re accident that causes injury or damage to property, and made technical and conforming changes; P.A. 15-211 amended Subsec. (f) by increasing maximum fine from $10,000 to $20,000, minimum term of imprisonment from 1 year to 2 years and maximum term of imprisonment from 10 years to 20 years; P.A. 16-94 amended Subsec. (g) by designating existing provision re person who violates provisions of Subsec. (b)(2) or (3) or Subsec. (c) as Subdiv. (1) and amending same to delete references to Subsec. (b)(3) and Subsec. (c) and replace “one year” with “five years”, and by adding Subdiv. (2) re person who violates provisions of Subsec. (b)(3) or Subsec. (c), and made technical and conforming changes; P.A. 19-53 amended Subsec. (g) by adding new Subdiv. (2) re violation of Subsec. (c)(1), redesignating existing Subdiv. (2) as Subdiv. (3) and making a conforming change; P.A. 21-175 amended Subsec. (c) to replace provisions re wager or making a speed record with provisions re contest or demonstration of speed or skill in Subdiv. (1) and replace “or event” with “contest or demonstration of speed or skill” in Subdiv. (2); P.A. 23-135 amended Subsec. (c)(1) to add reference to parking area, street takeover and motor vehicle stunt and define “street takeover”, amended Subsec. (c)(2) to add reference to street takeover and motor vehicle stunt, remove reference to spectator in Subpara. (B) and add Subpara. (D) re knowingly encouraging, promoting, instigating, assisting, facilitating or aiding or abetting, amended Subsec. (g) to move provisions re violation of Subsec. (b)(3) from existing Subdiv. (3) to new Subdiv. (2), redesignate existing Subdiv. (2) as new Subdiv. (3), delete provision re penalty for subsequent offense of Subsecs. (b)(3) and (c)(2), and add Subdiv. (4) to make violation of Subsec. (c)(2) a fine of not more than $1,000 or imprisonment for 6 months or more or both, and made technical and conforming changes; P.A. 23-203 amended Subsec. (c) by deleting language re motor vehicle stunt and making conforming changes throughout, replacing “for the purpose of causing disorder or creating a nuisance to” with “with intent to cause disorder or create a nuisance for” in Subdiv. (1) and replacing “encourage, promote, instigate, assist, facilitate or aid or abet any person” with “incite or recruit by any action, method, device or means, including, but not limited to, electronic or social media, in advance of any such race, contest, demonstration or street takeover, any person for participation” in Subdiv. (2), replaced penalties in Subsec. (f) by making the violation a class B felony, amended Subsec. (g) by replacing penalties in Subdiv. (1) by making the violation a class D felony, adding a violation of Subsec. (c)(1) and replacing penalties in Subdiv. (2) by making the violations a class A misdemeanor for a first offense and a class D felony for any subsequent offense, deleting Subdiv. (3) re a violation of Subsec. (c)(1), redesignating existing Subdiv. (4) as Subdiv. (3) and therein replacing penalties by making violation a class B misdemeanor; P.A. 25-80 amended Subsec. (g)(2)(B) by adding a mandatory minimum $2,000 fine.

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Sec. 14-224a. Municipal regulation of observing street takeovers. Penalties. Impoundment and forfeiture of vehicles. (a) For purposes of this section, “street takeover” has the same meaning as provided in section 14-224.

(b) Any municipality may, by ordinance, prohibit a person from organizing, participating in or gathering with intent to observe and actually observing a street takeover. Such ordinance may (1) prescribe a penalty for violation of such ordinance in an amount not to exceed one thousand dollars for a first violation, in an amount not to exceed one thousand five hundred dollars for a second violation and in an amount not to exceed two thousand dollars for a third or subsequent violation, and (2) provide for the impoundment of any vehicle used in violation of this section until any fine imposed pursuant to subdivision (1) of this subsection is paid, any related charges, including, but not limited to, towing fees, are paid and any overdue property taxes on such vehicle imposed pursuant to chapter 203 are paid. The ordinance may provide that the vehicle is deemed forfeited to the municipality if, after six months following such impoundment, the owner or lienholder of such impounded vehicle has failed to pay such fines and related charges pursuant to this subsection.

(P.A. 25-80, S. 3.)

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Sec. 14-227a. Operation while under the influence of liquor or drug or while having an elevated blood alcohol content. (a) Operation while under the influence or while having an elevated blood alcohol content. Definitions. No person shall operate a motor vehicle while under the influence of intoxicating liquor or any drug or both. A person commits the offense of operating a motor vehicle while under the influence of intoxicating liquor or any drug or both if such person operates a motor vehicle (1) while under the influence of intoxicating liquor or any drug or both, or (2) while such person has an elevated blood alcohol content. For the purposes of this section, “elevated blood alcohol content” means a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, except that if such person is operating a commercial motor vehicle, “elevated blood alcohol content” means a ratio of alcohol in the blood of such person that is four-hundredths of one per cent or more of alcohol, by weight, and “motor vehicle” includes a snowmobile and all-terrain vehicle, as those terms are defined in section 14-379. For purposes of this section, section 14-227b and section 14-227c, (A) “advanced roadside impaired driving enforcement” means a program developed by the National Highway Traffic Safety Administration with the International Association of Chiefs of Police and the Technical Advisory Panel, which focuses on impaired driving enforcement education for police officers, or any successor to such program; (B) “drug influence evaluation” means an evaluation developed by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police that is conducted by a drug recognition expert to determine the level of a person's impairment from the use of drugs and the drug category causing such impairment; (C) “drug recognition expert” means a person certified by the International Association of Chiefs of Police as having met all requirements of the International Drug Evaluation and Classification Program; and (D) “nontestimonial portion of a drug influence evaluation” means a drug influence evaluation conducted by a drug recognition expert that does not include a verbal interview with the subject.

(b) Admissibility of chemical test. Except as provided in subsection (c) of this section, in any criminal prosecution for violation of subsection (a) of this section, evidence respecting the amount of alcohol or drug in the defendant's blood or urine at the time of the alleged offense, as shown by a chemical test of the defendant's breath, blood or urine, shall be admissible and competent provided: (1) The defendant was afforded a reasonable opportunity to telephone an attorney prior to the performance of the test and consented to the taking of the test upon which such analysis is made; (2) a true copy of the report of the test result was mailed to or personally delivered to the defendant within twenty-four hours or by the end of the next regular business day, after such result was known, whichever is later; (3) the test was performed by or at the direction of a police officer according to methods and with equipment approved by the Department of Emergency Services and Public Protection and was performed in accordance with the regulations adopted under subsection (d) of this section; (4) the device used for such test was checked for accuracy in accordance with the regulations adopted under subsection (d) of this section; (5) an additional chemical test of the same type was performed at least ten minutes after the initial test was performed or, if requested by the police officer for reasonable cause, an additional chemical test of a different type was performed, including a test to detect the presence of a drug or drugs other than or in addition to alcohol, provided the results of the initial test shall not be inadmissible under this subsection if reasonable efforts were made to have such additional test performed in accordance with the conditions set forth in this subsection and (A) such additional test was not performed or was not performed within a reasonable time, or (B) the results of such additional test are not admissible for failure to meet a condition set forth in this subsection; and (6) evidence is presented that the test was commenced within two hours of operation. In any prosecution under this section it shall be a rebuttable presumption that the results of such chemical test establish the ratio of alcohol in the blood of the defendant at the time of the alleged offense, except that if the results of the additional test indicate that the ratio of alcohol in the blood of such defendant is ten-hundredths of one per cent or less of alcohol, by weight, and is higher than the results of the first test, evidence shall be presented that demonstrates that the test results and the analysis thereof accurately indicate the blood alcohol content at the time of the alleged offense.

(c) Evidence of blood alcohol content. In any prosecution for a violation of subdivision (1) of subsection (a) of this section, reliable evidence respecting the amount of alcohol in the defendant's blood or urine at the time of the alleged offense, as shown by a chemical analysis of the defendant's blood, breath or urine, otherwise admissible under subdivision (1) of subsection (b) of this section, shall be admissible only at the request of the defendant.

(d) Testing of blood, breath and urine. The Commissioner of Emergency Services and Public Protection shall ascertain the reliability of each method and type of device offered for chemical testing of blood, of breath and of urine and certify those methods and types which the commissioner finds suitable for use in testing of blood, breath and urine, respectively, in this state. The Commissioner of Emergency Services and Public Protection shall adopt regulations, in accordance with chapter 54, governing the conduct of chemical tests, the operation and use of chemical test devices, the training and certification of operators of such devices and the drawing or obtaining of blood, breath or urine samples as the commissioner finds necessary to protect the health and safety of persons who submit to chemical tests and to insure reasonable accuracy in testing results. Such regulations shall not require recertification of a police officer solely because such officer terminates such officer's employment with the law enforcement agency for which certification was originally issued and commences employment with another such agency.

(e) Evidence of refusal to submit to test or evaluation. (1) In any criminal prosecution for a violation of subsection (a) of this section, evidence that the defendant refused to submit to a blood, breath or urine test or the nontestimonial portion of a drug influence evaluation requested in accordance with section 14-227b shall be admissible provided the requirements of subsection (b) of said section have been satisfied. If a case involving a violation of subsection (a) of this section is tried to a jury, the court shall instruct the jury as to any inference that may or may not be drawn from the defendant's refusal to submit to such a test or evaluation.

(2) In any prosecution for a violation of subdivision (1) of subsection (a) of this section in which it is alleged that the defendant's operation of a motor vehicle was impaired, in whole or in part, by consumption of cannabis, as defined in section 21a-420, the court may take judicial notice that the ingestion of cannabis (A) can impair a person's ability to operate a motor vehicle; (B) can cause impairment of motor function, reaction time, tracking ability, cognitive attention, decision-making, judgment, perception, peripheral vision, impulse control or memory; and (C) does not enhance a person's ability to safely operate a motor vehicle.

(f) Reduction, nolle or dismissal prohibited. If a person is charged with a violation of the provisions of subsection (a) of this section, the charge may not be reduced, nolled or dismissed unless the prosecuting authority states in open court such prosecutor's reasons for the reduction, nolle or dismissal.

(g) Penalties for operation while under the influence. Any person who violates any provision of subsection (a) of this section shall:

(1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than one thousand dollars, (B) be (i) imprisoned not more than six months, forty-eight consecutive hours of which may not be suspended or reduced in any manner, or (ii) imprisoned not more than six months, with the execution of such sentence of imprisonment suspended entirely and a period of probation imposed requiring as a condition of such probation that such person perform one hundred hours of community service, as defined in section 14-227e, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the one-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, and (ii) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation, suspended for the period of time specified in subparagraph (C)(i) of subdivision (1) of subsection (h) of section 15-133;

(2) For conviction of a second violation within ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than two years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the three-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, except that for the first year of such three-year period, such person's operation of a motor vehicle shall be limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center or an appointment with a probation officer, and (ii) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation, suspended for the period of time specified in subparagraph (C)(i) of subdivision (2) of subsection (h) of section 15-133; and

(3) For conviction of a third and subsequent violation within ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than three years, one year of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, and (iii) undergo a treatment program if so ordered, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense, except that if such person's revocation is reversed or reduced pursuant to subsection (i) of section 14-111, such person shall be prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, for the time period prescribed in subdivision (2) of subsection (i) of section 14-111, and (ii) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation, permanently revoked in accordance with the provisions of subparagraph (C)(i) of subdivision (3) of subsection (h) of section 15-133. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section in effect on October 1, 1981, or as amended thereafter, a conviction under the provisions of subdivision (1) or (2) of subsection (a) of this section, a conviction under the provisions of section 14-227m, a conviction under the provisions of subdivision (1) or (2) of subsection (a) of section 14-227n, a conviction under the provisions of subdivision (1) or (2) of subsection (d) of section 15-133, a conviction under the provisions of section 15-140l or 15-140n, a conviction under the provisions of section 53a-56b or 53a-60d or a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section, section 14-227m, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (1) or (2) of subsection (d) of section 15-133, or section 15-140l or 15-140n, 53a-56b or 53a-60d, shall constitute a prior conviction for the same offense.

(h) Suspension of operator's license or nonresident operating privilege and safe boating certificate, certificate of personal watercraft operations or right to operate a vessel. (1) Each court shall report each conviction under subsection (a) of this section to the Commissioner of Motor Vehicles, in accordance with the provisions of section 14-141, and to the Commissioner of Energy and Environmental Protection. The Commissioner of Motor Vehicles shall suspend the motor vehicle operator's license or nonresident operating privilege of the person reported as convicted for the period of time required by subsection (g) of this section. The Commissioner of Energy and Environmental Protection shall suspend the safe boating certificate or certificate of personal watercraft operations, if any, or right to operate a vessel that requires a safe boating certificate for operation of the person reported as convicted in accordance with the provisions of subsection (g) of this section for the period of time required pursuant to subsection (h) of section 15-133. The Commissioner of Motor Vehicles shall determine the period of time required by subsection (g) of this section for suspension of the motor vehicle's license or nonresident operating privilege based on the number of convictions such person has had within the specified time period according to such person's driving history record, notwithstanding the sentence imposed by the court for such conviction.

(2) The motor vehicle operator's license or nonresident operating privilege of a person found guilty under subsection (a) of this section who, at the time of the offense, was operating a motor vehicle in accordance with a special operator's permit issued pursuant to section 14-37a shall be suspended by the commissioner for twice the period of time set forth in subsection (g) of this section.

(3) If an appeal of any conviction under subsection (a) of this section is taken, the suspension of the motor vehicle operator's license or nonresident operating privilege by the commissioner, in accordance with this subsection, shall be stayed during the pendency of such appeal.

(4) Whenever an action is pending that may result in the suspension or revocation of a person's motor vehicle operator's license or nonresident operating privilege due to a violation of this section, section 14-227g, 14-227m or 14-227n, the Commissioner of Motor Vehicles shall mail or electronically transmit notice of such pending action, together with personal identifying information for such person, to the Commissioner of Energy and Environmental Protection.

(i) Ignition interlock device. (1) The Commissioner of Motor Vehicles shall permit a person whose license has been suspended in accordance with the provisions of subparagraph (C) of subdivision (1) or subparagraph (C) of subdivision (2) of subsection (g) of this section to operate a motor vehicle if (A) such person has served either the suspension required under said subparagraph (C) or the suspension required under subsection (i) of section 14-227b, and (B) such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person, and verifies to the commissioner, in such manner as the commissioner prescribes, that such device has been installed. For a period of one year after the installation of an ignition interlock device by a person who is subject to subparagraph (C) of subdivision (2) of subsection (g) of this section, such person's operation of a motor vehicle shall be limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center or an appointment with a probation officer. Except as provided in sections 53a-56b and 53a-60d, no person whose license is suspended by the commissioner for any other reason shall be eligible to operate a motor vehicle equipped with an approved ignition interlock device.

(2) All costs of installing and maintaining an ignition interlock device shall be borne by the person required to install such device. No court sentencing a person convicted of a violation of subsection (a) of this section may waive any fees or costs associated with the installation and maintenance of an ignition interlock device.

(3) The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this subsection. The regulations shall establish procedures for the approval of ignition interlock devices, for the proper calibration and maintenance of such devices and for the installation of such devices by any firm approved and authorized by the commissioner and shall specify acts by persons required to install and use such devices that constitute a failure to comply with the requirements for the installation and use of such devices, the conditions under which such noncompliance will result in an extension of the period during which such persons are restricted to the operation of motor vehicles equipped with such devices and the duration of any such extension. The commissioner shall ensure that such firm provide notice to both the commissioner and the Court Support Services Division of the Judicial Branch whenever a person required to install such device commits a violation with respect to the installation, maintenance or use of such device.

(4) The provisions of this subsection shall not be construed to authorize the continued operation of a motor vehicle equipped with an ignition interlock device by any person whose operator's license or nonresident operating privilege is withdrawn, suspended or revoked for any other reason.

(5) The provisions of this subsection shall apply to any person whose license has been suspended in accordance with the provisions of subparagraph (C) of subdivision (1) or subparagraph (C) of subdivision (2) of subsection (g) of this section on or after January 1, 2012.

(6) Whenever a person is permitted by the commissioner under this subsection to operate a motor vehicle if such person has installed an approved ignition interlock device in each motor vehicle owned or to be operated by such person, the commissioner shall indicate in the electronic record maintained by the commissioner pertaining to such person's operator's license or driving history that such person is restricted to operating a motor vehicle that is equipped with an ignition interlock device and, if applicable, that such person's operation of a motor vehicle is limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center or an appointment with a probation officer, and the duration of such restriction or limitation, and shall ensure that such electronic record is accessible by law enforcement officers. Any such person shall pay the commissioner a fee of one hundred dollars prior to the installation of such device.

(7) There is established the “ignition interlock administration account”, which shall be a separate, nonlapsing account. The commissioner shall deposit all fees paid pursuant to subdivision (6) of this subsection in the account. Funds in the account may be used by the commissioner for the administration of this subsection.

(8) Notwithstanding any provision of the general statutes to the contrary, upon request of any person convicted of a violation of subsection (a) of this section whose operator's license is under suspension on January 1, 2012, the Commissioner of Motor Vehicles may reduce the term of suspension prescribed in subsection (g) of this section and place a restriction on the operator's license of such person that restricts the holder of such license to the operation of a motor vehicle that is equipped with an approved ignition interlock device, as defined in section 14-227j, for the remainder of such prescribed period of suspension.

(9) Any person required to install an ignition interlock device under this section shall be supervised by personnel of the Court Support Services Division of the Judicial Branch while such person is subject to probation supervision, or by personnel of the Department of Motor Vehicles if such person is not subject to probation supervision, and such person shall be subject to any other terms and conditions as the commissioner may prescribe and any provision of the general statutes or the regulations adopted pursuant to subdivision (3) of this subsection not inconsistent herewith.

(10) Notwithstanding the periods prescribed in subsection (g) of this section and subdivision (2) of subsection (i) of section 14-111 during which a person is prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, such periods may be extended in accordance with the regulations adopted pursuant to subdivision (3) of this subsection.

(j) Participation in alcohol education and treatment program or pretrial impaired driving intervention program. In addition to any fine or sentence imposed pursuant to the provisions of subsection (g) of this section, the court may order such person to participate in an alcohol education and treatment program or the pretrial impaired driving intervention program established under section 54-56r, if such person was operating a motor vehicle under the influence of intoxicating liquor or under the influence of both intoxicating liquor and any drug.

(k) Seizure and admissibility of medical records of injured operator. Notwithstanding the provisions of subsection (b) of this section, evidence respecting the amount of alcohol or drug in the blood or urine of an operator of a motor vehicle involved in an accident who has suffered or allegedly suffered physical injury in such accident, which evidence is derived from a chemical analysis of a blood sample taken from or a urine sample provided by such person after such accident at the scene of the accident, while en route to a hospital or at a hospital, shall be competent evidence to establish probable cause for the arrest by warrant of such person for a violation of subsection (a) of this section and shall be admissible and competent in any subsequent prosecution thereof if: (1) The blood sample was taken or the urine sample was provided for the diagnosis and treatment of such injury; (2) if a blood sample was taken, the blood sample was taken in accordance with the regulations adopted under subsection (d) of this section; (3) a police officer has demonstrated to the satisfaction of a judge of the Superior Court that such officer has reason to believe that such person was operating a motor vehicle while under the influence of intoxicating liquor or drug or both and that the chemical analysis of such blood or urine sample constitutes evidence of the commission of the offense of operating a motor vehicle while under the influence of intoxicating liquor or drug or both in violation of subsection (a) of this section; and (4) such judge has issued a search warrant in accordance with section 54-33a authorizing the seizure of the chemical analysis of such blood or urine sample. Such search warrant may also authorize the seizure of the medical records prepared by the hospital in connection with the diagnosis or treatment of such injury.

(l) Participation in victim impact panel program. If the court sentences a person convicted of a violation of subsection (a) of this section to a period of probation, the court may require as a condition of such probation that such person participate in a victim impact panel program approved by the Court Support Services Division of the Judicial Branch. Such victim impact panel program shall provide a nonconfrontational forum for the victims of alcohol-related or drug-related offenses and offenders to share experiences on the impact of alcohol-related or drug-related incidents in their lives. Such victim impact panel program shall be conducted by a nonprofit organization that advocates on behalf of victims of accidents caused by persons who operated a motor vehicle while under the influence of intoxicating liquor or any drug, or both. Such organization may assess a participation fee of not more than seventy-five dollars on any person required by the court to participate in such program.

(1963, P.A. 616, S. 1; February, 1965, P.A. 219; 1967, P.A. 612, S. 1; 1969, P.A. 450, S. 4; 1971, P.A. 318; 741; P.A. 73-253, S. 4; P.A. 75-308, S. 1; P.A. 76-6, S. 1, 2; P.A. 77-340, S. 8; 77-614, S. 323, 610; P.A. 80-438, S. 2, 3; P.A. 81-144, S. 1, 2; 81-446, S. 2; P.A. 82-408, S. 2; P.A. 83-63, S. 1–3; 83-534, S. 1; 83-571, S. 4; P.A. 84-198, S. 3, 7; 84-429, S. 40; 84-546, S. 43, 173; P.A. 85-387, S. 1; 85-596, S. 1; P.A. 86-345; P.A. 88-85; 88-302; P.A. 89-110, S. 4; 89-314, S. 2, 5; P.A. 90-230, S. 21, 101; P.A. 91-407, S. 9, 42; P.A. 93-271, S. 2, 3; 93-302, S. 1–3; 93-371, S. 2, 4, 5; 93-381, S. 9, 39; P.A. 94-60; May 25 Sp. Sess. P.A. 94-1, S. 18, 130; P.A. 95-257, S. 12, 21, 58; 95-314, S. 1; P.A. 99-218, S. 3, 4, 16; 99-255, S. 1; P.A. 00-196, S. 49, 50; P.A. 01-201, S. 1; P.A. 02-70, S. 69; May 9 Sp. Sess. P.A. 02-1, S. 108; P.A. 03-265, S. 1; 03-278, S. 47; P.A. 04-199, S. 31; 04-257, S. 101; P.A. 05-218, S. 28; June Sp. Sess. P.A. 05-3, S. 111; P.A. 06-147, S. 1; P.A. 09-187, S. 42, 62, 66; P.A. 10-110, S. 6, 45, 46; P.A. 11-48, S. 51, 52; 11-51, S. 134, 216, 217; P.A. 12-178, S. 2, 3, 6; P.A. 13-271, S. 51–53; P.A. 14-228, S. 5; P.A. 16-126, S. 3; June Sp. Sess. P.A. 21-1, S. 116, 117; P.A. 25-110, S. 49; 25-159, S. 13.)

History: 1965 act added district roads to Subsec. (a); 1967 act prohibited operation of vehicle while under influence of both liquor and intoxicating drug in Subsec. (a); 1969 act included in prohibition operation of vehicle on private roads with established speed limits; 1971 acts included in prohibition operation of vehicle in parking area for ten or more cars, reduced alcohol in blood level from 0.15% to 0.10% of alcohol and clarified evidential aspect of test results in Subsec. (c)(2) and increased minimum fine from $100 to $150; P.A. 73-253 included in prohibition of Subsec. (a) operation of vehicle on school property; P.A. 75-308 amended Subsec. (b)(4) to require testing of device at beginning and end of workday rather than within 30 days of test and immediately after test administered; P.A. 76-6 included reference to amount of drug in system under Subsec. (b) and to urine tests under Subsecs. (b) and (d); P.A. 77-340 replaced reference to Sec. 14-219 in Subsec. (a) with reference to Sec. 14-218a; P.A. 77-614 replaced commissioner and department of health with commissioner and department of health services, effective January 1, 1979; P.A. 80-438 allowed administering of test by emergency medical technician II; P.A. 81-144 amended Subsec. (b) to allow the department of health services to certify individuals other than health services department personnel to check test devices for accuracy; P.A. 81-446 added the requirements that two tests be performed, with the second test performed not less than 30 or more than 40 minutes after the first test, and that evidence be presented which demonstrates that the test results accurately reflect the blood alcohol content at the time of the alleged offense in Subsec. (b) and added Subsecs. (e) and (f) re participation in an alcohol education and treatment program in lieu of the 2-day minimum mandatory sentence, and re violations charged to persons arrested for a second or subsequent violation of section, with a blood alcohol ratio of at least 0.10% or more of alcohol at the time of the alleged offense; P.A. 82-408 eliminated two test requirement in Subsec. (b), added provision in Subsec. (e) re mandatory 2-day sentence if blood alcohol test indicates ratio of alcohol in blood was 0.20% or more of alcohol and changed 2-day minimum mandatory sentence for second offenders to 30-day sentence served by performing community service on fifteen weekends, such service to be approved by office of adult probation, amended Subsec. (f) by changing “in lieu of” to “in addition to” and eliminated consent and payment requirement for participation and added Subsec. (h) providing for 24-hour revocation of license by arresting police officer; P.A. 83-63 amended Subsec. (b) to allow test reports to be personally delivered to the defendant by the close of the next business day, if later than 24 hours and authorized the performance of such tests by persons recertified by persons certified by the commissioner of health services and amended Subsec. (d) to provide regulations for annual recertification of operators; P.A. 83-534 inserted a new Subsec. (b) re operation while impaired, amended Subsec. (c) to permit the test result to be “personally delivered” to the defendant within 24 hours “or by the end of the next regular business day”, whichever is later, and to provide that the initial test results will not be excluded if the police made reasonable efforts to have an additional test performed but it was not performed within a reasonable time, amended Subsec. (d) to specify the blood alcohol content that constitutes impairment, inserted a new Subsec. (f) re the admissibility into evidence of a defendant's refusal to submit to a test, inserted a new Subsec. (g) re a prohibition on reducing, nolleing or dismissing the charge, inserted a new Subsec. (h) to replace former penalties for operation while under the influence with new penalties, inserted a new Subsec. (i) re the penalty for operating while impaired, inserted a new Subsec. (j) re the suspension of the operator's license of a person found guilty of operating while under the influence, and relettered the intervening and remaining subsections accordingly; P.A. 83-571 amended new Subsec. (h) to increase the period of license suspension provided in P.A. 83-534 from 6 months to 1 year for a first offense and from 1 year to 2 years for a second offense; P.A. 84-198 amended Subsec. (f) by replacing “the case” with “a case involving a violation of subsection (a) of this section”; P.A. 84-429 rephrased provisions and made other technical changes in Subsecs. (a) and (b); P.A. 84-546 made technical change in Subsec. (i); P.A. 85-387 amended Subsec. (h) to increase the penalty for a first violation by mandating a term of imprisonment, 48 consecutive hours of which may not be suspended or reduced on any manner, or a term of 100 hours of community service, to increase the minimum mandatory penalty for a second violation from 48 consecutive hours to 10 days, to increase the minimum mandatory penalty for a third violation from 30 to 120 days, and to provide that a second, third, fourth or subsequent violation is one which occurs within 5 years after a prior conviction for the same offense; P.A. 85-596 amended Subsec. (a) to add provision that person commits offense of operating a motor vehicle while under the influence “while the ratio of alcohol in the blood of such person is 0.10% or more of alcohol, by weight”, amended Subsec. (c) to provide that the defendant be afforded a reasonable opportunity to telephone an attorney prior to the performance of the test and that the test be performed by or at the direction of a police officer, to make an additional test mandatory rather than optional, to insert “and the analysis thereof” in Subdiv. (6) and to delete the requirement that additional competent evidence be presented bearing on the question of whether or not the defendant was under the influence, amended Subsec. (d) to replace provisions concerning the weight to be given to evidence of certain percentages of blood-alcohol content with provision that in prosecution for violation of Subsec. (a)(1) such evidence shall be admissible only at the request of the defendant, and amended Subsec. (h) to provide that a conviction under either Subdiv. (1) or (2) of Subsec. (a) constitutes a prior offense; P.A. 86-345 added Subsec. (m) re the seizure, admissibility and competency of evidence derived from a chemical analysis of a blood sample taken from an injured operator at a hospital; P.A. 88-85 amended Subsec. (c)(4) to require that the device be checked for accuracy immediately before and after the test was performed rather than at the beginning of each workday and no later than the end of each workday; P.A. 88-302 amended Subsec. (h) to provide that the performance of community service for conviction of a first violation is to be as a condition of probation imposed in connection with a sentence to a term of imprisonment of not more than six months with the execution of such sentence of imprisonment suspended entirely; P.A. 89-110 amended Subsec. (h) to make a technical change in Subdiv. (2) and to provide that for purposes of the penalty for a subsequent offense after a prior conviction for the same offense a conviction under Sec. 53a-56b or 53a-60d constitutes a prior conviction for the same offense; P.A. 89-314 amended Subsec. (h) to insert “consecutive” in Subdivs. (2) and (3) and deleted Subsec. (l) re the 24-hour revocation by the arresting police officer of the license of a person with a blood alcohol concentration of 0.10% or more, and relettered the remaining Subsec. accordingly; P.A. 90-230 made technical change in Subsec. (e); P.A. 91-407 amended Subsec. (l)(2) by adding “a resident physician or intern in any hospital in this state” and made technical change in Subsec. (l)(3); P.A. 93-271 amended Subsec. (e) to provide that regulations shall not require recertification of a police officer solely because he transfers from one law enforcement agency to another, effective June 29, 1993; P.A. 93-302 amended Subsecs. (c) and (l) by adding phlebotomists to the list of persons qualified to take blood samples and added Subsec. (m) defining “phlebotomist”; P.A. 93-371 amended Subsec. (c)(6) to require that evidence be presented “that the test was commenced within two hours of operation” rather than that evidence be presented “which demonstrates that the test results and analysis thereof accurately reflect the blood alcohol content at the time of the alleged offense” and to add provision establishing a rebuttable presumption that the results of the chemical analysis indicate the blood alcohol ratio at the time of the alleged offense and requiring additional evidence be presented when the results of the additional test indicate a blood alcohol ratio of 0.12% or less and is higher than the results of the first test and added Subsec. (j)(3) re the period of suspension for a person who, at the time of the offense, was operating under a special operator's permit issued pursuant to Sec. 14-37a, effective July 1, 1993; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-60 amended Subsec. (l) to authorize the taking of a blood sample “at the scene of the accident” or “while en route to the hospital” rather than only “at a hospital”, to delete the requirement in Subdiv. (1) that the blood sample be taken “in the regular course of business of the hospital” and to make a technical change in Subdiv. (2); May 25 Sp. Sess. P.A. 94-1 made technical change, effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-314 amended Subsec. (c)(5) to allow an additional chemical test of a different type to be performed if requested by the police officer for reasonable cause, amended Subsec. (d) to eliminate reference to drugs, and amended Subsec. (h)(2) to (4), inclusive, to provide that a second, third, fourth or subsequent violation is one which occurs within 10 years, in lieu of 5 years, after a prior conviction for the same offense; P.A. 99-218 amended Subsecs. (c) and (e) by replacing the Department and Commissioner of Public Health with the Department and Commissioner of Public Safety and by making technical changes, effective July 1, 1999; P.A. 99-255 amended Subsec. (a) to replace the prohibition in Subdiv. (2) of operating a motor vehicle “while the ratio of alcohol in the blood of such person is 0.10% or more of alcohol, by weight” with “while such person has an elevated blood alcohol content” and added definition of “elevated blood alcohol content”, amended Subsec. (c)(3) to require that the test be performed “in accordance with the regulations adopted under subsection (e) of this section”, replacing provisions that required the test be performed by persons certified or recertified by the Department of Public Health or recertified by persons certified as instructors by the commissioner of said department and that required a blood test be taken by a physician, phlebotomist, qualified laboratory technician, emergency medical technician II or registered nurse, and amended Subsec. (c)(4) to require that the device was checked for accuracy “in accordance with the regulations adopted under subsection (e) of this section” rather than “immediately before and after such test was performed by a person certified by the Department of Public Health”, amended Subsec. (e) to make provisions applicable to methods and types of devices for the “analysis” of blood, breath and urine and to replace provision that required the Commissioner of Public Health to adopt regulations “governing the conduct of chemical tests, the operation and use of chemical test devices, and the training, certification and annual recertification of operators of such devices” with provision that required the “Commissioner of Public Safety, in consultation with the Commissioner of Public Health” to adopt regulations “governing the conduct of chemical tests, the operation and use of chemical test devices, the training and certification of operators of such devices and the drawing or obtaining of blood, breath or urine samples”, amended Subsec. (h) to increase the penalties for a second violation by increasing the fine from not less than $500 nor more than $2,000 to not less than $1,000 nor more than $4,000, increasing the term of imprisonment from a maximum of 1 year with a nonsuspendable period of 10 consecutive days to a maximum of 2 years with a nonsuspendable period of 120 consecutive days, adding the requirement that the person perform 100 hours of community service as a condition of probation, and increasing the license suspension from 2 years to “three years or until the date of such person's twenty-first birthday, whichever is longer”, to increase the penalties for a third and subsequent violation by deleting former Subdiv. (3) that had specified penalties for a third violation, renumbering former Subdiv. (4) as Subdiv. (3), amending said Subdiv. (3) to make the penalties applicable to a “third and subsequent violation” rather than a “fourth and subsequent violation” and add requirement that the person perform 100 hours of community service as a condition of probation, and to add provision that “a conviction in any other state of any offense the essential elements of which are determined by the court to be substantially the same as subdivision (1) or (2) of subsection (a) of this section or 53a-56b or 53a-60d” constitutes a prior conviction, amended Subsec. (i) to change the penalty from an infraction to a fine of not more than $200, amended Subsec. (j) to replace provisions of Subdiv. (1) requiring that the suspension take effect immediately upon the expiration of the appeal period, providing that the suspension is stayed during the appeal and requiring the defendant to send his license or nonresident operating privilege to the department when the suspension takes effect, with new provisions requiring each court to report each conviction to the department and requiring the commissioner to suspend the license or nonresident operating privilege for the time period required by Subsec. (h), to add Subdiv. (4) requiring the license of a convicted person to indicate that such person is an at-risk operator and defining “at-risk operator” and to add Subdiv. (5) providing that the suspension by the commissioner is stayed during the pendency of an appeal of a conviction, amended Subsec. (l) to make provisions applicable to evidence from an analysis of a urine sample from the injured operator, to require in Subdiv. (2) that the blood sample was taken “in accordance with regulations adopted under subsection (e) of this section” rather than “by a person licensed to practice medicine in this state, a resident physician or intern in any hospital in this state, a phlebotomist, a qualified laboratory technician, an emergency medical technician II or a registered nurse”, and to add provision that the search warrant may also authorize the seizure of medical records prepared by the hospital in connection with the diagnosis or treatment of such injury, deleted former Subsec. (m) defining “phlebotomist”, and made technical changes for purposes of gender neutrality; P.A. 00-196 made technical changes in Subsecs. (h) and (l); P.A. 01-201 added Subsec. (m) to authorize the court to require participation in a victim impact panel program as a condition of probation; P.A. 02-70 amended Subsec. (j)(1) by adding provision requiring that commissioner determine the applicable suspension period based on the number of convictions on the person's driving history record, notwithstanding the sentence imposed by the court for such conviction, deleting former Subdiv. (4) re mandatory indication of “at-risk operator” on reverse side of operator's license and redesignating existing Subdiv. (5) as Subdiv. (4), effective July 1, 2002; May 9 Sp. Sess. P.A. 02-1 amended Subsec. (a) to reduce ratio of alcohol in blood from 0.10% to 0.08% or more of alcohol in definition of “elevated blood alcohol content” and eliminated from such definition Subpara. (A) designator and provisions of Subpara. (B) “if such person has been convicted of a violation of this subsection, a ratio of alcohol in the blood of such person that is 0.07% or more of alcohol, by weight”, deleted former Subsecs. (b) and (i) re offense of operation while impaired and fine for violation, redesignated existing Subsecs. (c) to (h) as Subsecs. (b) to (g) and existing Subsecs. (j) to (m) as Subsecs. (h) to (k), amended redesignated Subsec. (d) to eliminate reference to Commissioner of Public Health in adopting regulations re chemical tests, and made technical changes throughout, effective July 1, 2002; P.A. 03-265 amended Subsec. (g)(2)(C) to designate existing provision re duration of suspension as clause (i) and to add clause (ii) re license suspension of 1 year followed by a prohibition for 2 years on operating a motor vehicle unless the motor vehicle is equipped with an ignition interlock device if the person is convicted of a violation of Subsec. (a)(1) on account of being under the influence of intoxicating liquor or of Subsec. (a)(2); P.A. 03-278 made technical changes in Subsec. (g), effective July 9, 2003; P.A. 04-199 made a technical change in Subsec. (g), added new Subsec. (i) re installation of an ignition interlock device and redesignated existing Subsecs. (i) to (k) as new Subsecs. (j) to (l), respectively, effective July 1, 2004; P.A. 04-257 made a technical change in Subsec. (g), effective June 14, 2004; P.A. 05-218 amended Subsec. (i) by inserting “passenger” re motor vehicle and removing provision re no enrollment in treatment program or obtained waiver in Subdiv. (1), deleting former Subdiv. (2) re condition rendering person incapable of safely operating a motor vehicle, redesignating existing Subdivs. (3) to (6) as new Subdivs. (2) to (5) and, in new Subdiv. (4), inserting “for any other reason”; June Sp. Sess. P.A. 05-3 amended Subsec. (i)(1) by deleting the word “passenger” added by P.A. 05-218; P.A. 06-147 amended Subsec. (a) to delete requirement that the motor vehicle be operated on public highway of state or on road of specified district organized under the provisions of chapter 105 or on private road on which a speed limit has been established pursuant to Sec. 14-218a or in parking area for ten or more cars or on school property, and defined “motor vehicle” to include snowmobiles and all-terrain vehicles; P.A. 09-187 amended Subsec. (a) to establish elevated blood alcohol content of .04 for person operating commercial motor vehicle, amended Subsec. (b)(5) to decrease minimum interval between initial test and additional test from 30 minutes to 10 minutes, amended Subsec. (b)(6) to lower exception to rebuttable presumption from .12 or less to .10 or less, and amended Subsec. (i) to insert “Except as provided in sections 53a-56b and 53a-60d” in Subdiv. (1) and to add Subdiv. (6) requiring commissioner to indicate restrictions re ignition interlock device in electronic record of person's operator's license or driving history and to make such record accessible by law enforcement officers; P.A. 10-110 amended Subsec. (i) to establish $100 fee prior to installation of device in Subdiv. (6) and add Subdiv. (7) re establishment of account for administration of subsection, effective July 1, 2010, and amended Subsec. (g)(2) to make provisions of Subpara. (C)(i) applicable to person under age 21 at time of offense and prohibit any such person for 2-year period following completion of suspension period from operating motor vehicle unless vehicle is equipped with ignition interlock device and to make provisions of Subpara. (C)(ii) applicable to person age 21 or older at time of offense and delete applicability to person convicted of violation of Subsec. (a)(1) or (2), and further amended Subsec. (i) to insert “(C)(i) or” in Subdivs. (1) and (5) and replace requirement that person has served not less than 1 year of suspension with requirement that person has served suspension required under Subpara. (C)(i) or (ii) in Subdiv. (1)(A), effective October 1, 2010; P.A. 11-48 amended Subsec. (g) by revising Subdiv. (1)(C) to reduce suspension period from 1 year to 45 days, add condition for license restoration that person install ignition interlock device on each motor vehicle owned or operated by such person and prohibit person for 1-year period following such restoration from operating a motor vehicle unless it is equipped with such a device, by revising Subdiv. (2)(C)(i) to reduce suspension period from 3 years to 45 days, add condition for license restoration that person install ignition interlock device on each motor vehicle owned or operated by such person, increase from 2 years to 3 years the period such person is prohibited from operating a motor vehicle unless it is equipped with such a device and provide that such period runs from “such restoration” rather than “completion of such period of suspension” and by revising Subdiv. (2)(C)(ii) to reduce suspension period from 1 year to 45 days, add condition for license restoration that such person install ignition interlock device on each motor vehicle owned or operated by such person, increase from 2 years to 3 years the period such person is prohibited from operating a motor vehicle unless it is equipped with such a device and provide that such period runs from “such restoration” rather than “completion of such period of suspension”, and amended Subsec. (i) by revising Subdiv. (1) to include person whose license has been suspended in accordance with Subsec. (g)(1)(C), replace “said subparagraph (C)(i) or (C)(ii)” with “said subparagraph” and include person who has served required suspension “notwithstanding that such person has not completed serving any suspension required under subsection (i) of section 14-227b”, by revising Subdiv. (2) to prohibit court from waiving fees or costs associated with installation and maintenance of ignition interlock device, by revising Subdiv. (3) to require regulations to specify acts that constitute noncompliance re installation and use of device, conditions that will result in extension of restriction and duration of any such extension and add provision re notice by firm when person commits violation with respect to installation, maintenance or use of device, by revising Subdiv. (5) to make Subsec. applicable to person whose license has been suspended in accordance with Subsec. (g)(1)(C) and to suspension on or after “January 1, 2012” rather than “September 1, 2003”, by revising Subdiv. (6) to add provision that nothing in Subsec. shall be construed to require commissioner to verify that each motor vehicle owned by such person has been equipped with such device, and by adding Subdiv. (8) re authority of commissioner to reduce term of suspension for person whose license is under suspension on January 1, 2012, and restrict person to operation of motor vehicle with ignition interlock device for remainder of prescribed period of suspension, Subdiv. (9) re agency responsible for supervision of persons required to install ignition interlock device and Subdiv. (10) re extension of periods of restricted operation, effective January 1, 2012; P.A. 11-51 made identical changes as P.A. 11-48, effective January 1, 2012; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Emergency Services and Public Protection” and “Department of Emergency Services and Public Protection”, respectively, in Subsecs. (b) and (d), effective July 1, 2011; P.A. 12-178 amended Subsec. (g)(2)(B) and (3)(B) to designate provision re community service as clause (i) and add clause (ii) re assessment of degree of alcohol or drug abuse and clause (iii) re undergoing a treatment program if ordered, amended Subsec. (g)(2)(C)(i) and (ii) to limit operation during first year of 3-year period of ignition interlock device use to transportation to or from work or school, an alcohol or drug abuse treatment program or an ignition interlock device services center, amended Subsec. (g)(3)(C) to provide that if revocation is reversed or reduced under Sec. 14-111(i), person shall be prohibited from operating motor vehicle unless it is equipped with ignition interlock device, amended Subsec. (i)(1)(B) to require person to verify to commissioner that device has been installed and to add provision re first year limitation on operation after installation of device, amended Subsec. (i)(6) to reference such limitation on operation and delete provision re nothing in Subsec. to be construed to require commissioner to verify that each motor vehicle owned by person has been equipped with device, amended Subsec. (i)(10) to reference Sec. 14-111(i), rather than Sec. 14-111(k), and amended Subsec. (l) to substitute $75 for $25 re victim impact panel program participation fee and substitute “Branch” for “Department”, effective July 1, 2012; P.A. 13-271 amended Subsec. (g)(2)(C)(i) and (ii) and Subsec. (i)(1) to allow operation of motor vehicle during first year after installation of ignition interlock device for transportation to or from appointment with probation officer and amended Subsec. (i)(6) to add reference re transportation to or from appointment with probation officer, effective July 1, 2013; P.A. 14-228 amended Subsec. (g)(2) to delete former Subpara. (C)(i) re person under 21 years of age at time of offense, Subpara. (C)(ii) designator and reference to person 21 years of age or older in former Subpara. (C)(ii), amended Subsec. (h) to delete former Subdiv. (2) re person found guilty under Subsec. (a) who is under 18 years of age and redesignate existing Subdivs. (3) and (4) as Subdivs. (2) and (3), and made conforming and technical changes in Subsecs. (g) to (i), effective July 1, 2015; P.A. 16-126 amended Subsec. (g) by adding references to Secs. 14-227m and 14-227n(a)(1) and (2); June Sp. Sess. P.A. 21-1 amended Subsec. (a) to define “advanced roadside impaired driving enforcement”, “drug influence evaluation”, “drug recognition expert” and “nontestimonial portion of a drug influence evaluation”, amended Subsec. (b) to insert “including a test” and Subpara. indicators in Subdiv. (5) and make technical changes, amended Subsec. (c) to insert reference to Subdiv. (1), amended Subsec. (d) to make technical changes, amended Subsec. (e) to designate existing provisions as Subdiv. (1), add references to nontestimonial portion of a drug influence evaluation and add Subdiv. (2) re judicial notice and amended Subsec. (j) to add provision re pretrial impaired driving intervention program, effective April 1, 2022; (Revisor's note: In Subsec. (a), an additional Subsec. “(a)” designator was inadvertently inserted before the words “No person shall” in the version of this section published in 2023 and has been deleted editorially by the Revisors in 2025); P.A. 25-110 amended Subsec. (i)(7) to delete reference to General Fund and make a technical change, effective July 1, 2025; P.A. 25-159 amended Subsec. (g)(1)(C), (2)(C) and (3)(C) by designating existing provision re suspension of person's motor vehicle operator's license or nonresident operating privilege and installation of ignition interlock device as clause (i) and adding clause (ii) re suspension of person's safe boating certificate or certificate of personal watercraft operation or right to operate a vessel, amended Subsec. (g)(3) by adding references to Secs. 15-133(d)(1) or (2), Secs. 15-140l and 15-140n, amended Subsec. (h) by adding provisions re report by court to Commissioner of Energy and Environmental Protection and suspension of safe boating certificate, certificate of personal watercraft operations or right to operate a vessel by Commissioner of Energy and Environmental Protection in Subdiv. (1) and adding Subdiv. (4) re submission of notice of pending action that may result in suspension or revocation to Commissioner of Energy and Environmental Protection and made technical and conforming changes.

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Sec. 14-227b. Implied consent to test operator's blood, breath or urine and to nontestimonial portion of drug influence evaluation. Testing procedures. License suspension. Hearing. (a) Any person who operates a motor vehicle in this state shall be deemed to have given such person's consent to: (1) A chemical test of such person's blood, breath or urine; and (2) a nontestimonial portion of a drug influence evaluation conducted by a drug recognition expert. If such person is a minor, such person's parent or parents or guardian shall also be deemed to have given their consent for such test or evaluation. As used in this section, “motor vehicle” includes a snowmobile and all-terrain vehicle, as such terms are defined in section 14-379.

(b) (1) A police officer who has placed a person under arrest for a violation of section 14-227a, 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n may request that such person submit to a blood, breath or urine test at the option of the police officer, a drug influence evaluation conducted by a drug recognition expert, or both, after such person has been (A) apprised of such person's constitutional rights; (B) afforded a reasonable opportunity to telephone an attorney prior to the performance of such test or evaluation; (C) informed that evidence of any refusal to submit to such test or evaluation shall be admissible in accordance with subsection (e) of section 14-227a and may be used against such person in any criminal prosecution, except that refusal to submit to the testimonial portions of a drug influence evaluation shall not be considered evidence of refusal of such evaluation for purposes of any criminal prosecution; and (D) informed that such person's license or operating privilege may be suspended in accordance with the provisions of this section if (i) such person refuses to submit to such test or the nontestimonial portion of a drug influence evaluation, (ii) such person submits to such test and the results of such test indicate that such person has an elevated blood alcohol content, or (iii) the officer concludes, through investigation, that such person was operating a motor vehicle under the influence of intoxicating liquor or any drug, or both.

(2) If the person refuses to submit to any test or drug influence evaluation, the test or evaluation shall not be given, except if the person refuses or is unable to submit to a blood test, the police officer shall designate another test to be taken. If a person submits to a breath test and the police officer, for reasonable cause, requests an additional chemical test of a different type to detect the presence of a drug or drugs other than or in addition to alcohol, the officer may administer such test, except that if such person refuses or is unable to submit to a blood test, the officer shall designate a urine test to be taken. The police officer shall make a notation upon the records of the law enforcement unit, as defined in section 7-294a, that such officer informed the person that such person's license or operating privilege may be suspended if (A) such person refused to submit to such test or nontestimonial portion of a drug influence evaluation; (B) such person submitted to such test and the results of such test indicated that such person had an elevated blood alcohol content; or (C) the officer concludes, through investigation, that such person was operating a motor vehicle under the influence of intoxicating liquor or any drug, or both.

(c) If the person arrested refuses to submit to such test or nontestimonial portion of a drug influence evaluation or submits to such test, commenced within two hours of the time of operation, and the results of such test indicate that such person has an elevated blood alcohol content, the police officer, acting on behalf of the Commissioner of Motor Vehicles, shall immediately revoke and take possession of the motor vehicle operator's license or, if such person is not licensed or is a nonresident, suspend the operating privilege of such person, for a twenty-four-hour period. The police officer shall prepare a report of the incident not later than six business days after such arrest and thereafter, shall mail or otherwise transmit in accordance with this subsection the report and a copy of the results of any chemical test to the Department of Motor Vehicles. The report shall contain such information as prescribed by the Commissioner of Motor Vehicles and shall be subscribed and sworn to under penalty of false statement as provided in section 53a-157b by the arresting officer. If the person arrested refused to submit to such test or evaluation, the report shall be endorsed by a third person who witnessed such refusal. The report shall set forth the grounds for the officer's belief that there was probable cause to arrest such person for a violation of section 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n and shall state that such person had refused to submit to such test or evaluation when requested by such police officer to do so or that such person submitted to such test, commenced within two hours of the time of operation, and the results of such test indicated that such person had an elevated blood alcohol content. A drug influence evaluation need not be commenced within two hours of the time of operation. The Commissioner of Motor Vehicles may accept a police report under this subsection that is prepared and transmitted as an electronic record, including electronic signature or signatures, subject to such security procedures as the commissioner may specify and in accordance with the provisions of sections 1-266 to 1-286, inclusive. In any hearing conducted pursuant to the provisions of subsection (g) of this section, it shall not be a ground for objection to the admissibility of a police report that it is an electronic record prepared by electronic means.

(d) If a police officer who has placed a person under arrest for a violation of section 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n does not request that such person submit to a blood, breath or urine test under subsection (b) of this section, or obtains results from a test administered under subsection (b) of this section that indicate that the person does not have an elevated blood alcohol content, such officer shall:

(1) Advise such person that such person's license or operating privilege may be suspended in accordance with the provisions of this section if such police officer concludes, through investigation, that such person was operating a motor vehicle under the influence of intoxicating liquor or any drug, or both; and

(2) Submit a report to the commissioner in accordance with the procedure set forth in subsection (c) of this section and, if such report contains the results of a blood, breath or urine test that does not show an elevated blood alcohol content, such report shall conform to the requirements in subsection (c) of this section for reports that contain results showing an elevated blood alcohol content. In any report submitted under this subdivision, the officer shall document (A) the basis for the officer's belief that there was probable cause to arrest such person for a violation of section 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n, and (B) whether the officer concluded, through investigation, that the person was operating a motor vehicle under the influence of intoxicating liquor or any drug, or both. With such report, the officer may submit other supporting documentation indicating the person's intoxication by liquor or any drug, or both. If the officer concludes, through investigation, that the person was operating a motor vehicle under the influence of intoxicating liquor or any drug, or both, the officer shall immediately revoke and take possession of the motor vehicle operator's license or, if such person is not licensed or is a nonresident, suspend the operating privilege of such person for a twenty-four-hour period.

(e) (1) Except as provided in subdivision (2) of this subsection, upon receipt of a report submitted under subsection (c) or (d) of this section, the commissioner may suspend any operator's license or operating privilege of such person effective as of a date certain, which date certain shall be not later than thirty days from the later of the date such person received (A) notice of such person's arrest by the police officer, or (B) the results of a blood or urine test or a drug influence evaluation. Any person whose operator's license or operating privilege has been suspended in accordance with this subdivision shall automatically be entitled to a hearing before the commissioner to be held in accordance with the provisions of chapter 54 and prior to the effective date of the suspension. The commissioner shall send a suspension notice to such person informing such person that such person's operator's license or operating privilege is suspended as of a date certain and that such person is entitled to a hearing prior to the effective date of the suspension and may schedule such hearing by contacting the Department of Motor Vehicles not later than seven days after the date of mailing of such suspension notice.

(2) Upon receipt of a report that (A) the person's arrest involved an accident resulting in a fatality, or (B) the person has previously had such person's operator's license or operating privilege suspended under the provisions of section 14-227a, 14-227m or 14-227n during the ten-year period preceding the present arrest, the commissioner may suspend any operator's license or operating privilege of such person effective as of the date specified in a notice of such suspension to such person. A person whose operator's license or operating privilege has been suspended in accordance with this subdivision shall automatically be entitled to a hearing before the commissioner, to be held in accordance with the provisions of chapter 54. The commissioner shall send a suspension notice to such person informing such person that such person's operator's license or operating privilege is suspended as of the date specified in such suspension notice, and that such person is entitled to a hearing and may schedule such hearing by contacting the Department of Motor Vehicles not later than seven days after the date of mailing of such suspension notice. Any suspension issued under this subdivision shall remain in effect until such suspension is affirmed under subsection (f) of this section or such operator's license or operating privilege is reinstated in accordance with subsection (h) of this section.

(f) If such person does not contact the department to schedule a hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) of this section.

(g) (1) If such person contacts the department to schedule a hearing, the department shall assign a date, time and place for the hearing, which date shall be prior to the effective date of the suspension, except that, with respect to a person whose operator's license or operating privilege is suspended in accordance with subdivision (2) of subsection (e) of this section, such hearing shall be scheduled not later than thirty days after such person contacts the department. At the request of such person, the hearing officer or the department and upon a showing of good cause, the commissioner may grant one or more continuances.

(2) A hearing based on a report submitted under subsection (c) of this section shall be limited to a determination of the following issues: (A) Did the police officer have probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or any drug, or both; (B) was such person placed under arrest; (C) did such person (i) refuse to submit to such test or nontestimonial portion of a drug influence evaluation, or (ii) submit to such test, commenced within two hours of the time of operation, and the results of such test indicated that such person had an elevated blood alcohol content; and (D) was such person operating the motor vehicle.

(3) A hearing based on a report submitted under subsection (d) of this section shall be limited to a determination of the following issues: (A) Did the police officer have probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or any drug, or both; (B) was such person placed under arrest; (C) was such person operating a motor vehicle under the influence of intoxicating liquor or any drug, or both; and (D) was such person operating the motor vehicle.

(4) In a hearing under this subsection, the results of the test, if administered, shall be sufficient to indicate the ratio of alcohol in the blood of such person at the time of operation, provided such test was commenced within two hours of the time of operation. The fees of any witness summoned to appear at a hearing under this subsection shall be the same as provided by the general statutes for witnesses in criminal cases. Notwithstanding the provisions of subsection (a) of section 52-143, any subpoena summoning a police officer as a witness shall be served not less than seventy-two hours prior to the designated time of the hearing.

(5) In a hearing based on a report submitted under subsection (d) of this section, evidence of operation under the influence of intoxicating liquor or any drug, or both shall be admissible. Such evidence may include, but need not be limited to, (A) the police officer's observations of intoxication, as documented in a report submitted to the commissioner under subsection (d) of this section; (B) the results of any chemical test administered under this section or a toxicology report certified by the Division of Scientific Services within the Department of Emergency Services and Public Protection; (C) hospital or medical records obtained in accordance with subsection (j) of this section or by the consent of the operator; (D) the results of any tests conducted by, or the report of, an officer trained in advanced roadside impaired driving enforcement; or (E) reports of drug recognition experts.

(h) If, after a hearing under subdivision (2) of subsection (g) of this section, the commissioner finds in the negative on any one of the issues specified in subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner shall reinstate such license or operating privilege. If, after a hearing under subdivision (3) of subsection (g) of this section, the commissioner finds in the negative on any one of the issues specified in subparagraph (A), (B), (C) or (D) of said subdivision, the commissioner shall reinstate such license or operating privilege. If, after such hearing under subdivision (2) or (3) of subsection (g) of this section, the commissioner does not find on any one of said issues in the negative or if such person fails to appear at such hearing, the commissioner shall affirm the suspension contained in the suspension notice for the appropriate period specified in subsection (i) of this section. The commissioner shall render a decision at the conclusion of such hearing and send a notice of the decision by bulk certified mail or by personal delivery, as defined in section 4-166, to such person. The notice of such decision sent by bulk certified mail or by personal delivery to the address of such person as shown by the records of the commissioner shall be sufficient notice to such person that such person's operator's license or operating privilege is reinstated or suspended, as the case may be. A notice of the decision shall only be transmitted by personal delivery if the operator has consented, in writing, to such personal delivery.

(i) (1) The commissioner shall suspend the operator's license or operating privilege of a person who did not contact the department to schedule a hearing, who failed to appear at a hearing, or against whom a decision was issued, after a hearing, pursuant to subsection (h) of this section, as of the effective date contained in the suspension notice, for a period of forty-five days. As a condition for the restoration of such operator's license or operating privilege, such person shall be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, for the longer of either (A) the period prescribed in subdivision (2) of this subsection for the present arrest and suspension, or (B) the period prescribed in subdivision (1), (2) or (3) of subsection (g) of section 14-227a or subdivision (1), (2) or (3) of subsection (c) of section 14-227m or subdivision (1) or (2) of subsection (c) of section 14-227n for the present arrest and conviction, if any.

(2) (A) A person twenty-one years of age or older at the time of the arrest who submitted to a test and the results of such test indicated that such person had an elevated blood alcohol content, or was found to have been operating a motor vehicle under the influence of intoxicating liquor or any drug, or both based on a report filed pursuant to subsection (d) of this section, shall install and maintain an ignition interlock device for the following periods: (i) For a first suspension under this section, six months; (ii) for a second suspension under this section, one year; and (iii) for a third or subsequent suspension under this section, two years; (B) a person under twenty-one years of age at the time of the arrest who submitted to a test and the results of such test indicated that such person had an elevated blood alcohol content, or was found to have been operating a motor vehicle under the influence of intoxicating liquor or any drug, or both based on a report filed pursuant to subsection (d) of this section, shall install and maintain an ignition interlock device for the following periods: (i) For a first suspension under this section, one year; (ii) for a second suspension under this section, two years; and (iii) for a third or subsequent suspension under this section, three years; and (C) a person, regardless of age, who refused to submit to a test or nontestimonial portion of a drug influence evaluation shall install and maintain an ignition interlock device for the following periods: (i) For a first suspension under this section, one year; (ii) for a second suspension under this section, two years; and (iii) for a third or subsequent suspension, under this section, three years. For purposes of the suspension of the motor vehicle operator's license or nonresident operating privilege of a person under subparagraph (A)(ii) or (A)(iii) of this subsection, subparagraph (B)(ii) or (B)(iii) of this section or subparagraph (C)(ii) or (C)(iii) of this section, the suspension under subsection (i) of section 15-140q of the safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation, if any, of such person shall constitute a previous suspension of such person's operator's license or nonresident operating privilege under this subsection. Whenever the commissioner suspends the motor vehicle operator's license or nonresident operating privilege of a person under this subsection, the commissioner shall mail or electronically transmit a copy of the suspension notice, together with personal identifying information for such person, to the Commissioner of Energy and Environmental Protection who shall suspend the safe boating certificate, right to operate a vessel that requires a safe boating certificate for operation or certificate of personal watercraft operation, if any, of such person as specified in subsection (i) of section 15-140q.

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, a person whose motor vehicle operator's license or operating privilege has been permanently revoked upon a third offense pursuant to subsection (g) of section 14-227a or subsection (c) of section 14-227m shall be subject to the penalties prescribed in subdivision (2) of subsection (i) of section 14-111.

(j) Notwithstanding the provisions of subsections (b) to (i), inclusive, of this section, any police officer who obtains the results of a test of a blood sample taken from or a urine sample provided by an operator of a motor vehicle who was involved in an accident and suffered or allegedly suffered physical injury in such accident, or who was otherwise deemed by a police officer to require treatment or observation at a hospital, shall notify the commissioner and submit to the commissioner a written report if such results indicate that such person had an elevated blood alcohol content, or any quantity of an intoxicating liquor or any drug, or both, in such person's blood, and if such person was arrested for violation of section 14-227a or 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n. The report shall be made on a form approved by the commissioner containing such information as the commissioner prescribes, and shall be subscribed and sworn to under penalty of false statement, as provided in section 53a-157b, by the police officer. The commissioner may, after notice and an opportunity for hearing, which shall be conducted by a hearing officer on behalf of the commissioner in accordance with chapter 54, suspend the motor vehicle operator's license or operating privilege of such person for the appropriate period of time specified in subsection (i) of this section and require such person to install and maintain an ignition interlock device for the appropriate period of time prescribed in subsection (i) of this section. Each hearing conducted under this subsection shall be limited to a determination of the following issues: (1) Whether the police officer had probable cause to arrest the person for operating a motor vehicle while under the influence of intoxicating liquor or drug, or both; (2) whether such person was placed under arrest; (3) whether such person was operating the motor vehicle; (4) whether (A) the results of the analysis of the blood or urine of such person indicate that such person had an elevated blood alcohol content, or (B) the person was operating a motor vehicle under the influence of intoxicating liquor or any drug, or both; and (5) in the event that a blood sample was taken, whether the blood sample was obtained in accordance with conditions for admissibility and competence as evidence as set forth in subsection (k) of section 14-227a. If, after such hearing, the commissioner finds on any one of the said issues in the negative, the commissioner shall not impose a suspension. The fees of any witness summoned to appear at the hearing shall be the same as provided by the general statutes for witnesses in criminal cases, as provided in section 52-260.

(k) The provisions of this section shall apply with the same effect to the refusal by any person to submit to an additional chemical test as provided in subparagraph (E) of subdivision (1) of subsection (b) of section 14-227a.

(l) The provisions of this section shall not apply to any person whose physical condition is such that, according to competent medical advice, such test would be inadvisable.

(m) Notwithstanding the provisions of this section, when a person is required, pursuant to this section, to install and maintain an ignition interlock device or is prohibited, pursuant to this section, from operating a motor vehicle except under the condition that such device is installed and maintained on such vehicle, such requirement and condition shall cease to apply to such person upon any of the following conditions being met in the case of an arrest for a violation of section 14-227a, 14-227m or subdivision (1) or (2) of subsection (a) of section 14-227n (1) for which the only intoxicating substance detected is cannabis: (A) All charges resulting from such alleged violation are withdrawn, nolled or dismissed; (B) the person has been acquitted of any charges resulting from such alleged violation; or (C) any conviction of such person based upon any charges resulting from such alleged violation is vacated, overturned or erased, or (2) for which the person was convicted for such violation, alcohol was detected as an intoxicating substance for such violation and such person has received an absolute pardon for each such conviction. Upon the ceasing of the application of such requirement and condition upon such person, the commissioner shall provide written notification to the person indicating that such requirement and condition has ceased to apply to such person. The provisions of this subsection shall not affect any other requirement or condition applied to such person.

(n) The state shall pay the reasonable charges of any physician who, at the request of a law enforcement unit, as defined in section 7-294a, takes a blood sample for purposes of a test under the provisions of this section.

(o) For the purposes of this section, “elevated blood alcohol content” means (1) a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, (2) if such person is operating a commercial motor vehicle, a ratio of alcohol in the blood of such person that is four-hundredths of one per cent or more of alcohol, by weight, or (3) if such person is less than twenty-one years of age, a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol, by weight.

(p) The Commissioner of Motor Vehicles shall adopt regulations, in accordance with chapter 54, to implement the provisions of this section.

(1963, P.A. 616, S. 2; February, 1965, P.A. 190; 1967, P.A. 656, S. 9; 721; P.A. 75-205; P.A. 80-438, S. 4; P.A. 81-446, S. 3; P.A. 82-403, S. 4; 82-408, S. 4; P.A. 83-534, S. 2; P.A. 85-596, S. 2; P.A. 89-314, S. 1, 5; P.A. 90-263, S. 73, 74; P.A. 93-371, S. 1, 5; P.A. 94-189, S. 14; P.A. 95-279, S. 1, 2; P.A. 98-182, S. 20, 22; P.A. 99-255, S. 2; P.A. 02-70, S. 72; May 9 Sp. Sess. P.A. 02-1, S. 109; P.A. 03-278, S. 48, 49; P.A. 04-250, S. 1; P.A. 05-215, S. 6; Jan. Sp. Sess. P.A. 08-1, S. 34; P.A. 08-32, S. 1; P.A. 09-187, S. 63; P.A. 10-110, S. 27; P.A. 12-81, S. 19; P.A. 14-228, S. 6; P.A. 16-55, S. 6, 7; 16-126, S. 17; P.A. 21-106, S. 26; June Sp. Sess. P.A. 21-1, S. 118; P.A. 22-40, S. 14; 22-44, S. 8, 10; P.A. 24-40, S. 54; 24-137, S. 2; P.A. 25-159, S. 15, 61.)

History: 1965 act added provision re implied consent of parents or guardian of minor; 1967 acts required state to pay charges of physician who takes blood sample at police department's request, required arrested person to be informed of constitutional rights, required that three conditions be met for suspension or revocation of license rather than that single condition, i.e. that person was operating vehicle, be met and made provisions inapplicable if charge nolled or changed; P.A. 75-205 included reference to urine tests and to operation of vehicle under influence of drug or both drug and alcohol; P.A. 80-438 specified that judge rather than court or jury is responsible for making finding and added provision re finding in case where charge nolled or changed, allowed suspension or revocation for maximum of 6 months rather than upon terms and conditions of commissioner and deleted previous provision excluding nolled or changed charge; P.A. 81-446 added the provisions that the license of any person who refuses to submit to test shall be automatically suspended for 90 days, that police officer shall file a written report of such refusal, and that any person whose operating privilege has been suspended in accordance with this section shall be entitled to an immediate hearing before the commissioner; P.A. 82-403 amended Subsec. (b) by replacing the provision that a license will be suspended “for a period of ninety days” with “in accordance with the provisions of subsections (d) and (e) of this section”, amended Subsec. (c) by adding “resulting in erratic driving, a motor vehicle violation or a motor vehicle accident”, amended Subsec. (d) by specifying its provisions concerned “a first” refusal, made Subsec. (e) a part of Subsec. (d) and added a new Subsec. (e) concerning the hearing procedure for license suspension upon a second or subsequent refusal and the period of such suspension; P.A. 82-408 added provisions re revocation of license for 24-hour period; P.A. 83-534 amended the section to make it applicable to a person arrested for operating a motor vehicle “while his ability to operate such motor vehicle is impaired by the consumption of intoxicating liquor”, amended Subsec. (b) to authorize the police officer to designate which test the arrested person shall take, to provide that if the person refuses or is unable to submit to a blood test the police officer shall designate the breath or urine test, to require the police officer to inform the person that evidence of refusal to submit to a test will be admissible and may be used against him in a criminal prosecution and to require the police officer to make a record that he informed the person that refusal to take the test would cause suspension of his driver's license, amended Subsec. (d) to increase from 90 days to 6 months the period of license suspension upon a first refusal, and amended Subsec. (f) to change its applicability from a person who refuses to take a test for the “second or subsequent” time to a person whose license has previously been suspended for a refusal, who has previously been found guilty of operating under the influence or who has previously participated in the pretrial alcohol education system; P.A. 85-596 amended Subsec. (b) to add requirement of affording an operator a reasonable opportunity to telephone an attorney prior to the performance of the test and inserted a new Subsec. (g) re the applicability of the provisions of the section to a refusal to submit to an additional test and relettered the remaining Subsecs. accordingly; P.A. 89-314 extensively revised section by making the provisions applicable to any person who is arrested for manslaughter in the second degree with a motor vehicle or assault in the second degree with a motor vehicle and to any person who submits to a test or analysis where the results of such test or analysis indicate that at the time of the alleged offense the ratio of alcohol in the blood of such person was 0.10% or more of alcohol, by weight, by amending Subsec. (c) to require the arresting police officer “acting on behalf of the commissioner of motor vehicles” to “take possession” of the license or “suspend” the nonresident operating privilege for 24 hours, issue a temporary operator's license or nonresident operating privilege valid for the period commencing 24 hours after issuance and ending 35 days after the date such person received notice of his arrest, prepare a report of the incident and mail the report together with a copy of the completed temporary license form, any operator's license and a copy of the results of any chemical test or analysis to the department of motor vehicles within 3 business days, and require that the report be made by the police officer before whom such refusal was made “or who administered or caused to be administered such test or analysis”, by amending Subsec. (d) to replace provisions requiring the commissioner upon receipt of a report of a first refusal to suspend a license for 6 months with provisions requiring the commissioner upon receipt of a report to suspend the license “effective as of a date certain, which date shall be not later than thirty-five days after the date such person received notice of his arrest by the police officer” and to add provisions requiring the commissioner to send the person a suspension notice and specifying the contents of such notice, by deleting Subsec. (e) re police procedure when a license is revoked for 24 hours, by deleting Subsec. (f) re the scheduling of a hearing, the issues at the hearing and the suspension for one year for a refusal and three years for a subsequent refusal of the license or privilege of a person whose license or privilege had previously been suspended for a refusal, who had previously been found guilty of operating while under the influence or who had previously participated in the pretrial alcohol education system, by adding a new Subsec. (e) to require the commissioner to affirm the suspension if the person does not schedule a hearing, by adding a new Subsec. (f) re the scheduling and holding of the hearing, the granting of a continuance, the extension of the validity of the temporary license and the issues to be determined at the hearing, formerly part of Subsec. (d), by designating the last sentence of Subsec. (d) as Subsec. (g) and adding provisions re affirmation of the suspension contained in the suspension notice if the commissioner does not find on any one of the said issues in the negative or if the person fails to appear at the hearing, time periods for rendering a decision and sending notice of such decision, and the reinstatement of the license if the commissioner fails to timely render a decision, by adding a new Subsec. (h) re the suspension by the commissioner of the license or privilege, the revocation by the commissioner of the temporary license or privilege, and the periods of license suspension, by redesignating Subsecs. (g), (h) and (i) as Subsecs. (i), (j) and (k), respectively, and by adding Subsec. (l) re regulations; P.A. 90-263 amended Subsec. (f) to require that fees of witnesses summoned to appear at the hearing be the same as provided by the general statutes for witnesses in criminal cases; P.A. 93-371 eliminated the requirement that the test results indicate an elevated blood alcohol ratio “at the time of the alleged offense” by deleting that phrase where appearing, amended Subsec. (c) to require the test or analysis be commenced within two hours of the time of operation and require the report to be “subscribed” and sworn to under penalty of false statement by “the arresting officer” rather than by “the police officer before whom such refusal was made or who administered or caused to be administered such test or analysis”, amended Subsec. (f) to authorize the granting of a continuance “at the request of such person or the hearing officer”, provide in Subdiv. (3) that part of the issue to be determined is whether the test or analysis was commenced within two hours of the time of operation and added provision requiring evidence be presented that the test results and analysis thereof indicate the blood alcohol content at the time of operation when the additional test indicates the blood alcohol ratio is 0.12% or less and is higher than the results of the first test and amended Subsec. (g) to authorize the commissioner to send a notice of his decision by “bulk” certified mail and replace “Unless a continuance is granted to such person” with “Unless a continuance of the hearing is granted”, effective July 1, 1993 (Revisor's note: Towards the end of Subsec. (f) the phrase “twelve-hundredths of one per cent or less or alcohol, by weight,” was changed editorially by the Revisors to “twelve-hundredths of one per cent or less of alcohol, by weight,” for consistency); P.A. 94-189 amended Subsec. (c) by decreasing the time period during which a temporary license or nonresident operating privilege is valid from 35 to 30 days after the date of receipt of notice of arrest, amended Subsec. (d) by changing the effective date of suspension from not later than 35 days to not later than 30 days after the date of receipt of notice of arrest, amended Subsec. (f) by increasing the continuance period from “not to exceed ten days” to “not to exceed fifteen days”, amended Subsec. (g) by decreasing the time period for rendering a decision or sending a notice of decision from 35 to 30 days and amended Subdiv. (1) of Subsec. (h) by deleting “at the time of the alleged offense” before “the ratio of alcohol in the blood”; P.A. 95-279 amended Subsecs. (b), (c) and (f) to delete reference to manslaughter in the second degree with a motor vehicle or assault in the second degree with a motor vehicle, and amended Subsecs. (b) and (d) to make suspension of license discretionary rather than mandatory for refusal to submit to test or for submission to test and results indicating that ratio of alcohol in the blood of such operator was 0.10% or more of alcohol, by weight, or, in the case of Subsec. (d) upon receipt of report by commissioner, effective July 6, 1995; P.A. 98-182 added a new Subsec. (d) re procedures for a police officer to take possession of a motor vehicle operator's license and added a new Subsec. (j) re submission of a chemical analysis of a blood sample of a motor vehicle operator and report to the commissioner, and hearing procedures re license suspension, effective January 1, 1999; P.A. 99-255 made provisions applicable when a person has “an elevated blood alcohol content” rather than when “the ratio of alcohol in the blood of such person was 0.10% or more of alcohol, by weight”, added Subsec. (i)(1)(B) to provide for a suspension period of 120 days, “if such person submitted to a test or analysis and the results of such test or analysis indicated that the ratio of alcohol in the blood of such person was 0.16% or more of alcohol, by weight”, redesignating former Subpara. (B) as Subpara. (C), to revised Subsec. (i)(2) by replacing provision that specified a uniform suspension period of one year with provisions of Subparas. (A), (B) and (C) specifying a suspension period of 9 months if the person submitted to a test or analysis and had an elevated blood alcohol content, 10 months if the person submitted to a test or analysis and had a blood alcohol ratio of 0.16% or more of alcohol, by weight, and one year if the person refused to submit to a test or analysis, respectively, and revised Subsec. (i)(3) by replacing provision that specified a uniform suspension period of two years with provisions of Subparas. (A), (B) and (C) specifying a suspension period of two years if the person submitted to a test or analysis and had an elevated blood alcohol content, two and one-half years if the person submitted to a test or analysis and had a blood alcohol ratio of 0.16% or more of alcohol, by weight, and three years if the person refused to submit to a test or analysis, respectively, added new Subsec. (n) defining “elevated blood alcohol content”, redesignating former Subsec. (n) as Subsec. (o), and made technical changes for purposes of gender neutrality; P.A. 02-70 amended Subsec. (c) to eliminate requirement that police officer issue a temporary operator's license or nonresident operating privilege and to eliminate requirement that police officer mail to Department of Motor Vehicles a copy of completed temporary license form and any operator's license taken into possession, effective July 1, 2002; May 9 Sp. Sess. P.A. 02-1 amended Subsecs. (b), (c), (g) and (j) to eliminate references to operating a motor vehicle while the person's ability is impaired by the consumption of intoxicating liquor, amended Subsec. (n) to reduce ratio of alcohol in blood from 0.10% to 0.08% or more of alcohol in definition of “elevated blood alcohol content”, eliminate from such definition former Subdiv. (2) providing “if such person has been convicted of a violation of subsection (a) of section 14-227a, a ratio of alcohol in the blood of such person that is 0.07% or more of alcohol, by weight” and redesignate existing Subdiv. (3) as Subdiv. (2), and made technical changes in Subsecs. (b), (j) and (k), effective July 1, 2002; P.A. 03-278 made technical changes in Subsecs. (g) and (i), effective July 9, 2003; P.A. 04-250 amended Subsec. (e) by designating existing provisions as Subdiv. (1), making conforming changes therein, and adding Subdiv. (2) to permit commissioner to suspend license or operating privilege, upon notice and prior to hearing, of person arrested for operating motor vehicle under influence of alcohol or drugs if person involved in accident resulting in fatality or previously arrested under Sec. 14-227a during preceding 10-year period, amended Subsec. (g) to require hearing re license or operating privilege suspension not later than 30 days after person contacts department and made technical changes in Subsec. (o); P.A. 05-215 amended Subsecs. (f) and (h) re suspension period to add reference to Subsec. (j), amended Subsec. (i) to add exception for suspensions under Subsec. (j), added new Subsec. (j) re increased suspension period for a person under 21 years of age, redesignated existing Subsecs. (j) to (o) as Subsecs. (l) to (p), and amended Subsec. (k) to replace “subsections (b) to (i), inclusive” with “subsections (b) to (j), inclusive”, effective January 1, 2006; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (k) to replace authorized suspension of “a period of up to ninety days, or, if such person has previously had such person's operator's license or nonresident operating privilege suspended under this section for a period of up to one year” with “the appropriate period specified in subsection (i) or (j) of this section”, effective January 25, 2008; P.A. 08-32 amended Subsec. (j) to add exception to period of suspension for first offense of persons 16 or 17 years of age, of 1 year for elevated blood alcohol content or 18 months for refusal to submit to test, effective August 1, 2008; P.A. 09-187 amended Subsec. (c) to allow electronic transmission of police reports and admission of such reports in department hearings, delete police report requirement of probable cause to arrest person for operating a motor vehicle while under influence of alcohol or drugs or both, and insert requirement of probable cause to arrest person for a violation of Sec. 14-227a(a), amended Subsec. (g) to authorize one or more continuances, delete exception requiring evidence of test accuracy if results of additional test indicate blood alcohol content is .12 or less and is higher than results of first test, and require service to police officer of subpoena as witness not less than 72 hours prior to hearing, amended Subsec. (h) to delete provisions re notice deadlines and re reinstatement if commissioner fails to render decision within 30 days, amended Subsec. (k) to insert provisions re operator deemed by police officer to require treatment or observation and re hearing officer, amended Subsec. (o) to establish elevated blood alcohol content of .04 for person operating commercial motor vehicle, and made technical and conforming changes; P.A. 10-110 amended Subsec. (i) to make license suspension effective as of date contained in suspension notice, delete “or the date the commissioner renders a decision, whichever is later” and make technical changes, effective June 5, 2010; P.A. 12-81 amended Subsec. (k) to make provisions applicable when police officer obtains results of chemical analysis of urine sample, include in Subdiv. (4) results of analysis of person's urine and make Subdiv. (5) applicable in the event a blood sample was taken, effective July 1, 2012; P.A. 14-228 amended Subsec. (i) to replace provisions re periods of suspension with provisions re 45-day suspension period and installation of ignition interlock device as condition for restoration of operator's license or nonresident operating privilege in Subdiv. (1), add new Subdiv. (2) re periods of installation of ignition interlock device for suspension and add new Subdiv. (3) re permanent revocation for third offense under Sec. 14-227a(g), deleted former Subsec. (j) re suspension for person under 21 years of age, redesignated existing Subsecs. (k) to (p) as Subsecs. (j) to (o), amended redesignated Subsec. (j) to add provision re installation and maintenance of ignition interlock device, and made conforming and technical changes, effective July 1, 2015; P.A. 16-55 amended Subsec. (g) to add provision re commissioner granting department's request for continuance, amended Subsec. (j) to delete “in connection with such accident” in provision re operator deemed by police officer to require treatment or observation, and made technical changes, effective July 1, 2016; P.A. 16-126 amended Subsec. (b) by replacing provision re operating motor vehicle while under influence with provision re violation of Sec. 14-227a, Sec. 14-227m or Sec. 14-227n(a)(1) or (2), amended Subsec. (c) by replacing reference to Sec. 14-227a(a) with reference to Sec. 14-227a and by adding references to Secs. 14-227m and 14-227n(a)(1) and (2), amended Subsec. (e)(2) by adding references to Secs. 14-227m and 14-227n, amended Subsec. (i)(1) by adding references to Secs. 14-227m(c)(1), (2) and (3) and 14-227n(c)(1) and (2), amended Subsec. (i)(2) by adding reference to Sec. 14-227m(c), amended Subsec. (j) by adding references to Secs. 14-227m and 14-227n(a)(1) and (2), and made technical changes; P.A. 21-106 amended Subsec. (a) to define “motor vehicle”, effective July 1, 2021; June Sp. Sess. P.A. 21-1 amended Subsec. (a) to insert Subdiv. (1) indicator and add Subdiv. (2) re nontestimonial portion of drug influence evaluation, replaced provisions of Subsec. (b) with new provisions re police officer request for test or evaluation, amended Subsec. (c) to add references to nontestimonial portion of a drug influence evaluation, insert reference to person “not licensed” and make conforming changes, replaced provisions of Subsec. (d) with new provisions re police officer who does not request test or receives test results indicating person does not have elevated blood alcohol content, amended Subsec. (e)(1) to insert reference to Subsec. (c) or (d) of this section and insert Subpara. (A) indicator and add Subpara. (B) re test or evaluation results, amended Subsec (e)(2) to delete reference to Subsec. (f), amended Subsec. (g) by inserting Subdiv. indicators, replacing existing Subdiv. indicators with Subpara. indicators, adding clause indicators and adding reference to nontestimonial portion of a drug influence evaluation, adding Subdivs. (3) and (5) re hearing based on report submitted under Subsec. (d), amended Subsec. (h) to add provision re hearing under Subsec. (g)(3), amended Subsec. (i)(2)(A) to add provisions re report filed pursuant to Subsec. (d) and nontestimonial portion of a drug influence evaluation, amended Subsec. (j) to add provision re “any quantity of an intoxicating liquor or any drug, or both, in such person's blood”, designate existing provisions of Subdiv. (4) as Subpara. (A) and add Subpara. (B), amended Subsec. (k) to replace reference to Sec. 14-227a(b)(5) with 14-227a(b)(1)(E), amended Subsec. (m) to replace reference to municipal police department with law enforcement unit, removed references to “nonresident” operating privilege throughout and made technical and conforming changes, effective April 1, 2022; P.A. 22-40 amended Subsec. (c) to add provision re drug influence evaluation need not be commenced within 2 hours of time of operation, effective July 1, 2022; P.A. 22-44 amended Subsec. (a) to define “motor vehicle” and Subsec. (h) to add provisions re personal delivery, effective July 1, 2022; P.A. 24-40 amended Subsec. (c) to change 3 business days to 6 business days re submission of report and copy of any chemical test results to Department of Motor Vehicles, effective July 1, 2024; P.A. 24-137 added new Subsec. (m) re ceasing of requirement and condition of use of ignition interlock device under prescribed circumstances and redesignated existing Subsecs. (m) to (o) as Subsecs. (n) to (p); P.A. 25-159 amended Subsec. (c) by replacing provision re 6 business days to submit report and copy of any chemical test results to Department of Motor Vehicles with provision re preparation of report not later than 6 business days after arrest and thereafter mail or transmit report and copy of any chemical test results to Department of Motor Vehicles, effective July 1, 2025, and amended Subsec. (i)(2) by adding provision re suspension under Sec. 15-140q(i) of safe boating certificate, right to operate a vessel or certificate of personal watercraft operation constitutes previous suspension of person's operator's license or nonresident operating privilege under this subsection and provision re notice of suspension to Commissioner of Energy and Environmental Protection, effective October 1, 2025.

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Sec. 14-227m. Operation of motor vehicle with a child passenger while under the influence of liquor or drug or while having an elevated blood alcohol content. Procedures. Penalties. (a) No person shall operate a motor vehicle in which a child under eighteen years of age is a passenger while such person (1) is under the influence of intoxicating liquor or any drug or both, or (2) has an elevated blood alcohol content. For the purposes of this section, “elevated blood alcohol content” means a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, except that if such person is operating a commercial motor vehicle, “elevated blood alcohol content” means a ratio of alcohol in the blood of such person that is four-hundredths of one per cent or more of alcohol, by weight, and if such person is under twenty-one years of age, “elevated blood alcohol content” means a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol by weight; and “motor vehicle” includes a snowmobile and all-terrain vehicle, as those terms are defined in section 14-379.

(b) The provisions of subsections (b), (c), (d), (e), (f), (h), (i), (j), (k) and (l) of section 14-227a, adapted accordingly, shall be applicable to a violation of subsection (a) of this section.

(1) For conviction of a first violation, (A) be fined not less than five hundred dollars or more than two thousand dollars, (B) be imprisoned not more than one year, thirty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, (iii) undergo a treatment program, including chemical screening, if so ordered, (iv) submit to an interview and evaluation by the Department of Children and Families to assess any ongoing risk posed to any child who was a passenger in the motor vehicle at the time of the violation, and (v) cooperate with any programming, treatment, directives or plan if so ordered by the Department of Children and Families, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the one-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, and (ii) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation suspended for the period of time specified in subparagraph (C)(i) of subdivision (1) of subsection (h) of section 15-133;

(2) For conviction of a second violation of this section not later than ten years after a prior conviction for the same offense, (A) be fined not less than one thousand dollars or more than four thousand dollars, (B) be imprisoned not more than three years, one hundred eighty consecutive days of which may not be suspended or reduced in any manner and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, (iii) undergo a treatment program, including chemical screening, if so ordered, (iv) submit to an interview and evaluation by the Department of Children and Families to assess any ongoing risk posed to any child who was a passenger in the motor vehicle at the time of the violation, and (v) cooperate with any programming, treatment, directives or plan if so ordered by the Department of Children and Families, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for the three-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, except that for the first year of such three-year period, such person's operation of a motor vehicle shall be limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center, a treatment program ordered by the Department of Children and Families or an appointment with a probation officer or Department of Children and Families caseworker, and (ii) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation suspended for the period of time specified in subparagraph (C)(i) of subdivision (2) of subsection (h) of section 15-133; and

(3) For a third or subsequent conviction of a violation of this section not later than ten years after a prior conviction for the same offense, (A) be fined not less than two thousand dollars or more than eight thousand dollars, (B) be imprisoned not more than five years, two years of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person: (i) Perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, (iii) undergo a treatment program, including chemical screening, if so ordered, (iv) submit to an interview and evaluation by the Department of Children and Families to assess any ongoing risk posed to any child who was a passenger in the motor vehicle at the time of the offense, and (v) cooperate with any programming, treatment, directives or plan if so ordered by the Department of Children and Families, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege permanently revoked upon such third offense, except that if such person's revocation is reversed or reduced pursuant to subsection (i) of section 14-111, such person shall be prohibited from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, for the time period prescribed in subdivision (2) of subsection (i) of section 14-111, and (ii) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation permanently revoked in accordance with the provisions of subparagraph (C)(i) of subdivision (3) of subsection (h) of section 15-133. For purposes of the imposition of penalties for a second or third and subsequent offense pursuant to this subsection, a conviction under the provisions of subsection (a) of this section, subsection (a) of section 14-227a, subsection (a) of section 14-227g, subdivision (1) or (2) of subsection (a) of section 14-227n, subdivision (1) or (2) of subsection (d) of section 15-133, section 15-140l or 15-140n, subsection (a) of section 53a-56b or subsection (a) of section 53a-60d or a conviction in any other state of any offense, the essential elements of which are determined by the court to be substantially the same as the elements of the aforementioned provisions, shall constitute a prior conviction for the same offense.

(P.A. 16-126, S. 1; P.A. 25-159, S. 18.)

History: P.A. 25-159 amended Subsec. (c)(1)(C), (2)(C) and (3)(C) by designating existing provision re suspension of person's motor vehicle operator's license or nonresident operating privilege as clause (i) and adding clause (ii) re suspension of person's safe boating certificate, certificate of personal watercraft operation or right to operate a vessel, amended Subsec. (c)(3) by adding reference to Secs. 15-133(d)(1) or (2), 15-140l and 15-140n and made technical changes.

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Sec. 14-227n. Operation of a school bus, student transportation vehicle or vehicle specifically designated to carry children by person under the influence of liquor or drug or while having an elevated blood alcohol content. Procedures. Penalties. (a)(1) No person shall operate a school bus, student transportation vehicle or other motor vehicle specially designated for carrying children while such person (A) is under the influence of intoxicating liquor or any drug or both, or (B) has an elevated blood alcohol content.

(2) No person shall operate a school bus, student transportation vehicle or other motor vehicle specially designated for carrying children in which a child under eighteen years of age is a passenger while such person (A) is under the influence of intoxicating liquor or any drug or both, or (B) has an elevated blood alcohol content.

(3) For the purposes of this section, “motor vehicle specially designated for carrying children” means any motor vehicle, except for a registered school bus or student transportation vehicle as defined in section 14-212, that is designated or used by a person, firm or corporation for the transportation of children to or from any program or activity organized primarily for persons under the age of eighteen years, with or without charge to the individual being transported, but does not include a passenger motor vehicle normally used for personal, family or household purposes that is operated by a person without a public passenger endorsement; and “elevated blood alcohol content” means a ratio of alcohol in the blood of such person that is eight-hundredths of one per cent or more of alcohol, by weight, except that if such person is operating a commercial motor vehicle, “elevated blood alcohol content” means a ratio of alcohol in the blood of such person that is four-hundredths of one per cent or more of alcohol, by weight, and if such person is under twenty-one years of age, “elevated blood alcohol content” means a ratio of alcohol in the blood of such person that is two-hundredths of one per cent or more of alcohol, by weight.

(b) The provisions of subsections (b), (c), (d), (e), (f), (h), (i), (j), (k) and (l) of section 14-227a, adapted accordingly, shall be applicable to violations of subdivisions (1) and (2) of subsection (a) of this section.

(c) (1) Any person who violates subdivision (1) of subsection (a) of this section shall: (A) Be fined not more than ten thousand dollars, (B) be imprisoned not less than one year or more than ten years, thirty consecutive days of which shall not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person (i) perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, and (iii) undergo a treatment program, including chemical screening, if so ordered, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for a three-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, except that for the first year of such three-year period, such person's operation of a motor vehicle shall be limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center or an appointment with a probation officer, and (ii) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation suspended for the period of time specified in subparagraph (C)(i) of subdivision (1) of subsection (h) of section 15-133.

(2) Any person who violates subdivision (2) of subsection (a) of this section shall: (A) Be fined not more than ten thousand dollars, (B) be imprisoned not less than one year or more than ten years, one hundred twenty consecutive days of which may not be suspended or reduced in any manner, and sentenced to a period of probation requiring as a condition of such probation that such person (i) perform one hundred hours of community service, as defined in section 14-227e, (ii) submit to an assessment through the Court Support Services Division of the Judicial Branch of the degree of such person's alcohol or drug abuse, and (iii) undergo a treatment program, including chemical screening, if so ordered, and (C) (i) have such person's motor vehicle operator's license or nonresident operating privilege suspended for forty-five days and, as a condition for the restoration of such license, be required to install an ignition interlock device on each motor vehicle owned or operated by such person and, upon such restoration, be prohibited for a three-year period following such restoration from operating a motor vehicle unless such motor vehicle is equipped with a functioning, approved ignition interlock device, as defined in section 14-227j, except that for the first year of such three-year period, such person's operation of a motor vehicle shall be limited to such person's transportation to or from work or school, an alcohol or drug abuse treatment program, an ignition interlock device service center or an appointment with a probation officer, and (ii) have such person's safe boating certificate or certificate of personal watercraft operation, if any, or right to operate a vessel that requires a safe boating certificate for operation suspended for the period of time specified in subparagraph (C)(i) of subdivision (1) of subsection (h) of section 15-133.

(P.A. 16-126, S. 2; P.A. 25-159, S. 19.)

History: P.A. 25-159 amended Subsec. (c)(1)(C) and (2)(C) by designating existing provision re suspension of person's motor vehicle operator's license or nonresident operating privilege as clause (i) and adding clause (ii) re suspension of person's safe boating certificate, certificate of personal watercraft operation or right to operate a vessel.

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Sec. 14-230. Driving in right-hand lane. (a) Upon all highways, each vehicle, other than a vehicle described in subsection (c) of this section, shall be driven upon the right, except (1) when overtaking and passing another vehicle proceeding in the same direction, (2) when overtaking and passing pedestrians, parked or standing vehicles, animals, bicycles, electric bicycles, mopeds, scooters, electric scooters, vehicles moving at a slow speed, as defined in section 14-220, or obstructions on the right side of the highway, (3) when the right side of a highway is closed to traffic while under construction or repair, (4) on a highway divided into three or more marked lanes for traffic, or (5) on a highway designated and signposted for one-way traffic.

(b) Except as provided in subsection (c) of this section, any vehicle proceeding at less than the normal speed of traffic shall be driven in the right-hand lane available for traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

(c) Any vehicle which exceeds the maximum width limitations specified in subdivision (1) of subsection (a) of section 14-262 and operates on an interstate highway with a special permit issued by the Commissioner of Transportation under the provisions of section 14-270, shall be driven in the extreme right lane of such highway, except (1) when such special permit authorizes operation in a traffic lane other than the extreme right lane, (2) when overtaking and passing parked vehicles, animals or obstructions on the right side of such highway, (3) when the right side of such highway is closed to traffic while under construction or repair, or (4) at such locations where access to or egress from such highway is provided on the left.

(d) Violation of any provision of this section shall be an infraction.

(1955, S. 1382d; 1957, P.A. 53; P.A. 75-577, S. 73, 126; P.A. 87-525, S. 2; P.A. 15-41, S. 6; P.A. 18-165, S. 7; P.A. 19-162, S. 5; P.A. 25-159, S. 44.)

History: P.A. 75-577 added statement that violation of provisions is an infraction; P.A. 87-525 divided the section into Subsecs., inserting as Subsec. (c) provision requiring wide vehicles to be driven in extreme right lane of interstate highways; P.A. 15-41 amended Subsec. (a)(2) by adding references to standing vehicles, bicycles, mopeds, scooters and vehicles moving at a slow speed, effective July 1, 2015; P.A. 18-165 amended Subsec. (a)(2) by adding “electric bicycles,”; P.A. 19-162 amended Subsec. (a)(2) by adding “electric foot scooters,”; P.A. 25-159 amended Subsec. (a)(2) by replacing reference to electric foot scooters with reference to electric scooters.

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Sec. 14-230a. Restricted use of left-hand lane on divided limited access highways. (a) On any divided limited access highway that provides more than two lanes for traffic proceeding in the same direction, no operator of any motor vehicle with a commercial registration, motor bus, vehicle with trailer or school bus shall drive in the extreme left lane where the Office of the State Traffic Administration so designates, except (1) on the direction of a police officer, or (2) when access to or egress from such highway is provided on the left, in which latter case such operator shall drive in such left lane only for such period as is reasonably necessary to enter or leave such highway safely.

(b) On and after October 1, 2026, any divided limited access highway that provides more than two lanes for traffic proceeding in the same direction, no operator of a motor vehicle, other than a motor vehicle subject to the provisions of subsection (a) of this section, shall drive in the extreme left lane, except (1) when overtaking and passing another vehicle, (2) on the direction of a police officer, (3) when access to or egress from such highway is provided on the left, in which latter case such operator shall drive in such left lane only for such period as is reasonably necessary to enter or leave such highway safely, (4) if such motor vehicle is an emergency vehicle operating pursuant to section 14-283, (5) if the operator is engaged in the maintenance, repair or construction of such highway, or (6) when traffic congestion makes driving in the extreme left lane necessary.

(c) On and after October 1, 2026, the Office of the State Traffic Administration shall erect or cause to be erected signs on divided limited access highways that provide more than two lanes for traffic proceeding in the same direction that inform motor vehicle operators of the restricted use of the extreme left lane on such highways pursuant to the provisions this section. Any such sign shall conform with the Federal Highway Administration's Manual on Uniform Traffic Control Devices for Streets and Highways, as amended from time to time.

(d) Any person who violates any provision of this section shall have committed an infraction and shall be fined eighty-eight dollars.

(1967, P.A. 740; P.A. 75-577, S. 77, 126; P.A. 87-525, S. 1; P.A. 90-263, S. 68, 74; P.A. 11-213, S. 38; P.A. 12-132, S. 16; P.A. 25-65, S. 16.)

History: P.A. 75-577 replaced provision for $100 maximum fine with statement that violation of provisions is an infraction; P.A. 87-525 amended the penalty provision to require imposition of a fine of $88; P.A. 90-263 substituted “motor vehicle with a commercial registration” for “commercial motor vehicle”; P.A. 11-213 added “school bus” and made technical changes, effective July 1, 2011; P.A. 12-132 replaced “State Traffic Commission” with “Office of the State Traffic Administration”, effective July 1, 2012; P.A. 25-65 designated existing provision as Subsec. (a) and amended same by adding Subdiv. designators (1) and (2) and making technical changes, added Subsec. (b) re prohibiting motor vehicle operator from driving in extreme left lane, added Subsec. (c) re errection of signs by Office of State Traffic Administration and designated existing provision re infraction as Subsec. (d).

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Sec. 14-232. Passing. (a) Except as provided in sections 14-233 and 14-234, (1) the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the highway until safely clear of the overtaken vehicle; and (2) the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle. For the purposes of this subsection, “safe distance” means not less than three feet when the driver of a vehicle overtakes and passes (A) a person riding a bicycle, an electric bicycle or an electric scooter, (B) a commercial motor vehicle equipped with a garbage compactor, a detachable container or a curbside recycling body, (C) a tank vehicle, (D) a vehicle authorized by the United States government to carry mail, (E) a vehicle operated by an express delivery carrier, or (F) an agricultural tractor.

(b) No vehicle shall be driven to the left side of the center of the highway in overtaking and passing another vehicle proceeding in the same direction unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.

(1955, S. 1384d; P.A. 75-577, S. 75, 126; P.A. 08-101, S. 13; P.A. 18-165, S. 8; P.A. 19-162, S. 6; P.A. 21-195, S. 3; P.A. 25-159, S. 45.)

History: P.A. 75-577 added statement that violation of provisions is an infraction; P.A. 08-101 divided provisions into Subsecs. (a), (b) and (c) and added definition of “safe distance” in Subsec. (a); P.A. 18-165 redefined “safe distance” to include reference to electric bicycle; P.A. 19-162 amended Subsec. (a) to redefine “safe distance” and make a technical change; P.A. 21-195 amended Subsec. (a) to redefine “safe distance”; P.A. 25-159 amended Subsec. (a) to replace reference to electric foot scooter with reference to electric scooter.

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Sec. 14-234. Determination of no-passing zones. Overtaking and passing in no-passing zones. (a) The Office of the State Traffic Administration may determine those portions of any state highway where overtaking and passing or driving to the left of the highway would be especially hazardous and may by appropriate signs or markings on the highway indicate the beginning and end of such zones. A local traffic authority, as defined in section 14-297, may, in accordance with standards approved by the Office of the State Traffic Administration, determine and designate such no-passing zones on highways under its jurisdiction. When such signs or markings are in place and clearly visible to an ordinarily observant person, each driver of a vehicle shall obey the directions thereof. Except as provided in subsection (b) of this section, a violation of the provisions of this section shall be an infraction.

(b) The driver of a vehicle may overtake and pass, in a marked no-passing zone, pedestrians, parked or standing vehicles, animals, bicycles, electric bicycles, mopeds, scooters, electric scooters, vehicles moving at a slow speed, as defined in section 14-220, or obstructions on the right side of the highway, as listed in subdivision (2) of subsection (a) of section 14-230, provided such overtaking and passing may be conducted safely, with adequate sight distance and without interfering with oncoming traffic or endangering traffic, as defined in section 14-297.

(1955, S. 1386d; February, 1965, P.A. 448, S. 21; P.A. 82-223, S. 16; P.A. 12-132, S. 17; P.A. 15-41, S. 1; P.A. 18-165, S. 9; P.A. 19-162, S. 7; P.A. 25-159, S. 46.)

History: 1965 act deleted reference to state aid highway and allowed local traffic authorities to determine and designate no-passing zones on highways under their jurisdiction; P.A. 82-223 specified that violation of the section constituted an infraction; P.A. 12-132 replaced references to State Traffic Commission with references to Office of State Traffic Administration and made a technical change, effective July 1, 2012 (Revisor's note: References to “Office of State Traffic Administration” were changed editorially by the Revisors to “Office of the State Traffic Administration” for accuracy); P.A. 15-41 designated existing provisions as Subsec. (a) and amended same to add exception re Subsec. (b), and added Subsec. (b) re overtaking and passing in a no-passing zone, effective July 1, 2015; P.A. 18-165 amended Subsec. (b) to add “electric bicycles,”; P.A. 19-162 amended Subsec. (b) to add “electric foot scooters,”; P.A. 25-159 amended Subsec. (b) to replace reference to electric foot scooters with reference to electric scooters.

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Sec. 14-242. Turns restricted. Signals to be given before turning or stopping. U-turns. Left turns. Right turns when passing person riding bicycle, electric bicycle or electric scooter. (a) No person shall turn a vehicle at an intersection unless the vehicle is in a proper position on the highway as required by section 14-241, or turn a vehicle to enter a private road or driveway or otherwise turn a vehicle from a direct course or move right or left upon a highway unless such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal in the manner provided in section 14-244.

(b) A signal of intention to turn right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.

(c) No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in section 14-244 to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

(d) No person shall turn a vehicle so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of, a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred feet, or at any location where signs prohibiting U-turns are posted by any traffic authority.

(e) The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or within the area formed by the extension of the lateral lines of the private alley, road or driveway across the full width of the public highway with which it intersects, or so close to such intersection of public highways or to the area formed by the extension of the lateral lines of said private alley, road or driveway across the full width of the public highway as to constitute an immediate hazard.

(f) No person operating a vehicle who overtakes and passes a person riding a bicycle, an electric bicycle or an electric scooter and proceeding in the same direction shall make a right turn at any intersection or into any private road or driveway unless the turn can be made with reasonable safety and will not impede the travel of the person riding the bicycle, electric bicycle or electric scooter.

(g) Violation of any of the provisions of this section shall be an infraction.

(1955, S. 1394d; 1963, P.A. 258; 1971, P.A. 66, S. 1; P.A. 75-577, S. 86, 126; P.A. 00-70; P.A. 18-165, S. 10; P.A. 19-162, S. 8; P.A. 25-159, S. 47.)

History: 1963 act removed qualification in Subsec. (a) that turn without signal should not be made “if any other traffic may be affected by such movement”; 1971 act added Subsec. (e); P.A. 75-577 added Subsec. (f); P.A. 00-70 added new Subsec. (f) to prohibit a person making a right turn in front of a bicyclist unless the turn can be made with reasonable safety and will not impede the travel of the bicyclist and redesignated former Subsec. (f) as Subsec. (g); P.A. 18-165 amended Subsec. (f) to add references to electric bicycle; P.A. 19-162 amended Subsec. (f) to add references to electric foot scooter and make conforming changes; P.A. 25-159 amended Subsec. (f) to replace references to electric foot scooter with references to electric scooter.

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Sec. 14-251. Parking vehicles. (a) No vehicle shall be permitted to remain stationary within ten feet of any fire hydrant, or upon the traveled portion of any highway except upon the right-hand side of such highway in the direction in which such vehicle is headed; and, if such highway is curbed, such vehicle shall be so placed that its right-hand wheels, when stationary, shall, when safety will permit, be within a distance of twelve inches from the curb, except if a bikeway, as defined in section 13a-153f, or such bikeway's buffer area, as described in the Federal Highway Administration's Manual on Uniform Traffic Control Devices for Streets and Highways, as amended from time to time, is in place between the parking lane and the curb, such vehicle shall be so placed that its right-hand wheels, when stationary, shall, when safety will permit, be within a distance of twelve inches from the edge of such bikeway or buffer area.

(b) (1) No vehicle shall be permitted to remain parked within thirty feet of an intersection or an approach to a marked crosswalk, unless (A) such intersection or marked crosswalk has a curb extension treatment with a width equal to or greater than the width of the parking lane, in which case a vehicle may be permitted to remain parked within twenty feet of such intersection or marked crosswalk, or (B) there is an available marked parking space.

(2) On and after October 1, 2025, upon the installation or reinstallation of markings for an intersection or approach to a marked crosswalk with a marked parking space near such intersection or marked crosswalk, the traffic authority having jurisdiction shall cause such marked parking space to be installed or reinstalled (A) at least thirty feet from such intersection or marked crosswalk, or (B) at least twenty feet from such intersection or marked crosswalk if such intersection or marked crosswalk has a curb extension treatment with a width equal to or greater than the width of the parking lane.

(3) No vehicle shall be permitted to remain parked within thirty feet of a stop sign or yield sign caused to be erected by the traffic authority in accordance with the provisions of section 14-301.

(c) (1) No vehicle shall be permitted to remain stationary upon the traveled portion of any highway at any curve or turn or at the top of any grade where a clear view of such vehicle may not be had from a distance of at least one hundred fifty feet in either direction. The Commissioner of Transportation may post signs upon any highway at any place where the keeping of a vehicle stationary is dangerous to traffic, and the keeping of any vehicle stationary contrary to the directions of such signs shall be a violation of this section.

(2) No vehicle shall be permitted to remain stationary upon the traveled portion of any highway within fifty feet of the point where another vehicle, which had previously stopped, continues to remain stationary on the opposite side of the traveled portion of the same highway.

(3) No vehicle shall be permitted to remain stationary within the limits of a public highway in such a manner as to constitute a traffic hazard or obstruct the free movement of traffic thereon, provided a vehicle which has become disabled to such an extent that it is impossible or impracticable to remove it may be permitted to so remain for a reasonable time for the purpose of making repairs thereto or of obtaining sufficient assistance to remove it.

(d) Nothing in this section shall be construed to apply to emergency vehicles and to maintenance vehicles displaying flashing lights or to prohibit a vehicle from stopping, or being held stationary by any officer, in an emergency to avoid accident or to give a right-of-way to any vehicle or pedestrian as provided in this chapter, or from stopping on any highway within the limits of an incorporated city, town or borough where the parking of vehicles is regulated by local ordinances.

(e) (1) Except as provided in subdivision (2) of this subsection, any person who violates any provision of this section shall be deemed to have committed an infraction.

(2) Any person who violates the provisions of subsection (a) of this section with regard to permitting a vehicle to remain stationary within ten feet of any fire hydrant for a second or subsequent time shall be fined not more than two hundred dollars.

(1949 Rev., S. 2509; 1959, P.A. 283, S. 3; 1969, P.A. 768, S. 142; P.A. 75-577, S. 96, 126; P.A. 15-41, S. 2; P.A. 16-55, S. 18; P.A. 17-230, S. 16; P.A. 18-167, S. 6; P.A. 22-40, S. 1; P.A. 25-65, S. 4.)

History: 1959 act excepted emergency vehicles and maintenance vehicles displaying flashing lights from provisions of section; 1969 act replaced highway commissioner with commissioner of transportation; P.A. 75-577 made violation of provisions an infraction; P.A. 15-41 added provision re parking next to a bikeway and made a technical change, effective July 1, 2015; P.A. 16-55 made a technical change, effective May 31, 2016; P.A. 17-230 added provisions re exemptions for parked vehicles at intersections with curb extension treatments in New Haven and at stop signs where permitted by the traffic authority at one-way streets in New Haven; P.A. 18-167 added “and comprised entirely of highways under the jurisdiction of” re exemptions for parked vehicles in New Haven, effective June 14, 2018; P.A. 22-40 added Subsec. designators (a) to (e), amended Subsec. (b) to add “an approach to”, designate existing provision as Subdiv. (1) and added in same references to marked crosswalk, delete provision re exception for parked vehicles at intersections with curb extension treatments in New Haven and add Subdiv. (2) re parking space established on or before October 1, 2022; P.A. 25-65 amended Subsec. (a) by replacing reference to federal Manual on Uniform Traffic Control Devices with reference to Federal Highway Administration's Manual on Uniform Traffic Control Devices for Streets and Highways, amended Subsec. (b) by designating existing provisions re parking within an intersection or approach as new Subdiv. (1) and amending same to replace 25 feet with 30 feet, redesignate existing Subdiv. (1) as Subpara. (A) and amend same to replace 10 feet with 20 feet and add Subpara. (B) re available marked parking space, adding new Subdiv. (2) re installed or reinstalled markings for marked parking space and designating existing provision re stop sign as Subdiv. (3) and amending same to replace 25 feet with 30 feet, add reference to yield sign and delete exception for parked vehicles in the city of New Haven, amended Subsec. (c) by adding Subdiv. designators (1) to (3), amended Subsec. (e) by designating existing provision re infraction as Subdiv. (1) and adding Subdiv. (2) re second or subsequent time violating Subsec. (a) by parking within 10 feet of a fire hydrant and made technical and conforming changes.

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Sec. 14-253a. Special license plates and removable windshield placards for persons who are blind and persons with disabilities. Parking spaces. Penalty. Regulations. (a) For the purposes of this section:

(1) “Special license plate” means a license plate displaying the symbol of access in a size identical to that of the letters or numerals on the plate and in a color that contrasts with the background color of the plate;

(2) “Removable windshield placard” means a two-sided, hanger-style placard which bears on both of its sides: (A) The symbol of access in a height of three inches or more centered on such placard and colored white on a blue background; (B) a unique identification number; (C) a date of expiration; (D) a statement indicating that the Connecticut Department of Motor Vehicles issued such placard; and (E) the words “Accessibility Parking Permit”;

(3) “Temporary removable windshield placard” means a placard that is the same as a removable windshield placard except that the symbol of access appears on a red background;

(4) “Person with disabilities” means a person with disabilities which limit or impair the ability to walk, as defined in 23 CFR 1235.2;

(5) “Symbol of access” means the symbol designated by the Commissioner of Administrative Services pursuant to section 29-269b used to indicate access for persons with disabilities; and

(6) “Health care professional” means a licensed physician, licensed physician assistant, advanced practice registered nurse licensed in accordance with the provisions of chapter 378, psychiatrist who is employed by, or under contract with, the United States Department of Veterans Affairs, ophthalmologist or optometrist.

(b) The Commissioner of Motor Vehicles shall accept applications and renewal applications for removable windshield placards from (1) any person who is blind, as defined in section 1-1f; (2) any person with disabilities; (3) any parent or guardian of any person who is blind or any person with disabilities, if such person is under eighteen years of age at the time of application; (4) any parent or guardian of any person who is blind or any person with disabilities, if such person is unable to request or complete an application; and (5) any organization which meets criteria established by the commissioner and which certifies to the commissioner's satisfaction that the vehicle for which a placard is requested is primarily used to transport persons who are blind or persons with disabilities. Except as provided in subsection (c) of this section, on and after October 1, 2011, the commissioner shall not accept applications for special license plates, but shall accept renewal applications for such plates that were issued prior to October 1, 2011. No person shall be issued a placard in accordance with this section unless such person is the holder of a valid motor vehicle operator's license, or identification card issued in accordance with the provisions of section 1-1h. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, for the issuance of placards to persons who, by reason of hardship, do not hold or cannot obtain an operator's license or identification card. The commissioner shall maintain a record of each placard issued to any such person. Such applications and renewal applications shall be on a form prescribed by the commissioner. The application and renewal application shall include: (A) Certification by a licensed physician, a licensed physician assistant, an advanced practice registered nurse licensed in accordance with the provisions of chapter 378, or a member of the driver training unit for persons with disabilities established pursuant to section 14-11b, that the applicant meets the definition of a person with a disability which limits or impairs the ability to walk, as defined in 23 CFR 1235.2, as amended from time to time; or (B) certification by a psychiatrist who is employed by, or under contract with, the United States Department of Veterans Affairs that the applicant (i) is a veteran, as defined in subsection (a) of section 27-103, who has post-traumatic stress disorder certified as service-connected by the United States Department of Veterans Affairs, and (ii) meets the definition of a person with a disability which limits or impairs the ability to walk, as defined in 23 CFR 1235.2, as amended from time to time. In the case of persons who are blind, the application or renewal application shall include certification of legal blindness made by the Department of Aging and Disability Services, an ophthalmologist or an optometrist. Any certification issued by a health care professional pursuant to this section shall be based upon such person's professional opinion after having completed a medically reasonable assessment of the applicant's medical history and current medical condition made in the course of a bona fide health care professional-patient relationship. Any person who makes a certification required by this subsection shall sign the application or renewal application under penalty of false statement pursuant to section 53a-157b. The commissioner, in said commissioner's discretion, may accept the discharge papers of a disabled veteran, as defined in section 14-254, in lieu of such certification. The Commissioner of Motor Vehicles may require additional certification at the time of the original application or at any time thereafter. If a person who has been requested to submit additional certification fails to do so within thirty days of the request, or if such additional certification is deemed by the Commissioner of Motor Vehicles to be unfavorable to the applicant, the commissioner may refuse to issue or, if already issued, suspend or revoke such special license plate or placard. The commissioner shall not issue more than one placard per applicant, except the commissioner shall issue one placard to each applicant who is a parent or guardian of any person who is blind or any person with disabilities, provided no more than two such placards shall be issued on behalf of such person. The fee for the issuance of a temporary removable windshield placard shall be five dollars. Any person whose application has been denied or whose special license plate or placard has been suspended or revoked shall be afforded an opportunity for a hearing in accordance with the provisions of chapter 54.

(c) Any person who meets the requirements to obtain a removable windshield placard pursuant to subsection (b) of this section and who has a motorcycle registered in such person's name shall be issued, upon approval of the application, number plates in accordance with the provisions of subsection (a) of section 14-21b, which shall bear letters or numerals or any combination thereof followed by the symbol of access. The registration of any motorcycle for which a special license plate is issued shall expire and be renewed as provided in section 14-22 and be subject to the fee provisions of section 14-49. No person shall be issued such number plates for the registration of more than two motorcycles. Any person eligible to obtain a special license plate pursuant to this section who transfers the expired registration of a motorcycle owned by such person and replaces such number plate with a special license plate shall be exempt from payment of any fee for such transfer or replacement. A person who obtains a special plate or plates under this subsection may also obtain a removable windshield placard in accordance with subsection (b) of this section.

(d) (1) Any placard issued pursuant to this section shall be displayed by hanging it from the front windshield rearview mirror of the vehicle when utilizing a parking space reserved for persons who are blind and persons with disabilities. If there is no rearview mirror in such vehicle, the placard shall be displayed in clear view on the dashboard of such vehicle.

(2) On and after October 1, 2023, any placard issued pursuant to this section shall not bear the words “parking permit for persons with disabilities”. Any placard issued prior to October 1, 2023, that is otherwise valid, shall remain valid, according to its terms, until the expiration of such placard.

(e) Vehicles displaying a special license plate or a placard issued pursuant to this section or by authorities of other states or countries for the purpose of identifying vehicles permitted to utilize parking spaces reserved for persons who are blind and persons with disabilities, shall be allowed to park in an area where parking is legally permissible, for an unlimited period of time without penalty, notwithstanding the period of time indicated as lawful by any (1) parking meter, or (2) sign erected and maintained in accordance with the provisions of chapter 249, provided the operator of or a passenger in such motor vehicle is a person who is blind or a person with disabilities. A placard shall not be displayed on any motor vehicle when such vehicle is not being operated by or carrying as a passenger a person who is blind or a person with disabilities to whom the placard was issued. Vehicles bearing a special license plate shall not utilize parking spaces reserved for persons who are blind and persons with disabilities or the cross hatch abutting such spaces when such vehicles are not being operated by or carrying as a passenger a person who is blind or a person with disabilities to whom such special license plate was issued.

(f) Only motor vehicles displaying a plate or placard issued pursuant to this section shall be authorized to (1) park in public or private areas reserved for exclusive use by persons who are blind or persons with disabilities, and (2) to use the cross hatch abutting such areas, except that any ambulance, as defined in section 19a-175, which is transporting a patient may park in such area for a period not to exceed fifteen minutes while assisting such patient. Any motor vehicle parked or using the cross hatch in violation of the provisions of this subsection for the third or subsequent time shall be subject to being towed from such designated area. Such vehicle shall be impounded until payment of any fines incurred is received. No person, firm or corporation engaged in the business of leasing or renting motor vehicles without drivers in this state may be held liable for any acts of the lessee constituting a violation of the provisions of this subsection. Any municipal police officer who observes a motor vehicle parked in violation of this subsection shall issue a written warning or a summons for such violation.

(g) The Office of the State Traffic Administration, on any state highway, or local traffic authority, on any highway or street under its control, shall establish parking spaces in parking areas for twenty or more cars in which parking shall be prohibited to all motor vehicles except vehicles displaying a special license plate or a placard issued pursuant to this section. Parking spaces in which parking shall be prohibited to all motor vehicles except vehicles displaying such special plate or placard shall be established in private parking areas for two hundred or more cars according to the following schedule:

Total Number of Parking Lot Spaces	Number of Special Parking Spaces Required

0 – 200	Exempt
201 – 1000	1.0%
1001 – 2000	10 plus 0.8% of spaces over 1000
2001 – 3000	18 plus 0.6% of spaces over 2000
3001 – 4000	24 plus 0.4% of spaces over 3000
4001 or more	28 plus 0.2% of spaces over 4000

All such spaces shall be designated as reserved for exclusive use by persons who are blind and persons with disabilities and identified by the use of signs in accordance with subsection (h) of this section. Such parking spaces shall be adjacent to curb cuts or other unobstructed methods permitting sidewalk access to a person who is blind or a person with disabilities and shall be fifteen feet wide, including three feet of cross hatch, or be parallel to a sidewalk. The provisions of this subsection shall not apply (1) in the event the State Building Code imposes more stringent requirements as to the size of the private parking area in which special parking spaces are required or as to the number of special parking spaces required, or (2) in the event a municipal ordinance imposes more stringent requirements as to the size of existing private parking areas in which special parking spaces are required or as to the number of special parking spaces required.

(h) (1) Parking spaces designated for persons who are blind and persons with disabilities on or after October 1, 1979, and prior to October 1, 2004, shall be as near as possible to a building entrance or walkway and shall be fifteen feet wide including three feet of cross hatch, or parallel to a sidewalk on a public highway. Except as provided in subdivision (2) of this subsection, on and after October 1, 2017, parking spaces for (A) passenger motor vehicles designated for persons who are blind and persons with disabilities shall be as near as possible to a building entrance or walkway and shall be fifteen feet wide including five feet of cross hatch or parallel to a sidewalk on a public highway, and (B) passenger vans designated for persons who are blind and persons with disabilities shall be as near as possible to a building entrance or walkway and shall be sixteen feet wide including eight feet of cross hatch or parallel to a sidewalk on a public highway. Such spaces shall be designated by above grade signs with white lettering against a blue background and shall bear the words “handicapped parking permit required” and “violators will be fined”. Such signs shall also bear the international symbol of access. Whenever such a sign is replaced, repaired or erected it shall bear the words “reserved parking permit required” and “violators will be fined”, bear the symbol of access and indicate the minimum fine for a violation of subsection (f) of this section. Such indicator may be in the form of a notice affixed to such a sign.

(2) The provisions regarding the total width and width of cross hatch for parking spaces specified in subparagraphs (A) and (B) of subdivision (1) of this subsection shall not apply in the event the State Building Code imposes greater width requirements for such parking spaces in order to accommodate the presence of electric vehicle charging stations, as defined in section 16-19f.

(i) Any public parking garage or terminal, as defined in the State Building Code, constructed under a building permit application filed on or after October 1, 1985, and prior to October 1, 2004, shall have nine feet six inches' vertical clearance at a primary entrance and along the route to at least two parking spaces which conform with the requirements of subsection (h) of this section and which have nine feet six inches' vertical clearance unless an exemption has been granted pursuant to the provisions of subsection (b) of section 29-269. Each public parking garage or terminal, as defined in the State Building Code, constructed under a building permit application filed on or after October 1, 2004, shall have eight feet two inches' vertical clearance at a primary entrance and along the route to at least two parking spaces for passenger vans which conform with the requirements of subsection (h) of this section and which have eight feet two inches' vertical clearance unless an exemption has been granted pursuant to the provisions of subsection (b) of section 29-269.

(j) The commissioner may suspend or revoke any plate or placard issued pursuant to this section when, after affording the person to whom such plate or placard was issued an opportunity for a hearing in accordance with chapter 54, the commissioner or his representative determines that such person has used or permitted the use of such plate or placard in a manner which violates the provisions of this section.

(k) Nothing in this section may be construed to allow a person who is blind or a person with disabilities who is a bona fide resident of the state to park in a public or private area reserved for the exclusive use of persons who are blind and persons with disabilities as provided in this section if such person does not display upon or within his vehicle a plate or placard issued pursuant to this section.

(l) (1) Any person who violates any provision of this section for which a penalty or fine is not otherwise provided shall, for a first violation, be subject to a fine of two hundred fifty dollars, and for a subsequent violation, be subject to a fine of five hundred dollars.

(2) No owner or lessee of a private parking area subject to the requirements of this section, or an agent of such owner or lessee, shall dump, or allow any other person to dump, or otherwise place accumulated snow in a special parking space reserved as required in this section. Any owner, lessee or agent who violates the provisions of this subdivision shall, for a first violation, be subject to a fine of two hundred fifty dollars, and for a subsequent violation, be subject to a fine of five hundred dollars.

(m) Any placard or special license plate issued pursuant to this section shall be returned to the commissioner upon the subsequent change of residence to another state or death of the person to whom such placard or license plate was issued. Any person who uses a placard or a special license plate issued pursuant to this section after the death of the person to whom such placard or special license plate was issued shall be fined five hundred dollars.

(n) The commissioner shall develop a procedure for the renewal of existing placards. The procedure may be implemented over a period of several years. Any renewal of such placards shall require the issuance of a new placard in accordance with the provisions of this section.

(o) The commissioner shall check the Department of Public Health's state registration of deaths on a monthly basis and shall cancel any placard issued to an individual identified in such registry as deceased.

(p) The Commissioner of Motor Vehicles shall adopt regulations in accordance with the provisions of chapter 54, to carry out the provisions of this chapter and to establish a uniform system for the issuance, renewal and regulation of special license plates, removable windshield placards and temporary removable windshield placards. Such plates and placards shall be used only by persons to whom such plates and placards are issued.

(P.A. 76-427, S. 1–3; P.A. 77-366, S. 1, 2; P.A. 79-144; P.A. 80-367, S. 1–3; 80-466, S. 23, 25; P.A. 81-172, S. 14; P.A. 82-420, S. 1, 4; P.A. 83-412, S. 2, 5; P.A. 84-377, S. 1, 4; 84-546, S. 44, 173; P.A. 85-206; P.A. 86-103; 86-388, S. 27, 31; P.A. 87-304, S. 3; P.A. 88-32, S. 1, 2; P.A. 89-74, S. 2; P.A. 90-300, S. 1, 2, 8; P.A. 94-189, S. 16; P.A. 95-325, S. 12, 16; P.A. 99-268, S. 24, 25, 34, 44; P.A. 00-169, S. 18, 19, 22, 34, 36; P.A. 02-70, S. 55; P.A. 04-199, S. 19; 04-237, S. 1; P.A. 06-130, S. 14; P.A. 07-52, S. 1; P.A. 08-184, S. 14; P.A. 09-11, S. 1; 09-187, S. 37; Sept. Sp. Sess. P.A. 09-7, S. 105; P.A. 10-110, S. 24; P.A. 11-44, S. 45; 11-213, S. 39; P.A. 12-132, S. 22; June 12 Sp. Sess. P.A. 12-1, S. 64; P.A. 13-282, S. 3; June Sp. Sess. P.A. 15-5, S. 224; P.A. 16-78, S. 3–5; P.A. 17-79, S. 23; 17-230, S. 4; P.A. 19-119, S. 11, 12; 19-157, S. 37; 19-161, S. 37; P.A. 21-106, S. 36; P.A. 23-40, S. 33–35; P.A. 24-20, S. 43; P.A. 25-108, S. 2.)

History: P.A. 77-366 included reference to vehicles with special license plates in Subsec. (c) and clarified parking permission for vehicles with special plates in Subsec. (e); P.A. 79-144 greatly expanded provisions, revising Subsec. (a), inserting new Subsec. (b), revising former Subsec. (b) and redesignating it as (c), inserting new Subsec. (d), revising former Subsec. (c) and redesignating it as (e), deleting former Subsecs. (d) and (e), inserting new Subsecs. (f) to (i), replacing former provision for $99 maximum fine with statement that violation is an infraction in former Subsec. (f) and redesignating it as Subsec. (j); P.A. 80-367 amended Subsec. (c) to delete reference to plates in provision re display and to add provision prohibiting use of plate for special parking privileges when car not conveying handicapped person and amended Subsec. (e) to add provisions re parking spaces in parking areas for two hundred or more cars; P.A. 80-466 replaced references to set of plates in Subsec. (b) with reference to single plate; P.A. 81-172 amended Subsec. (a) by providing for a five-year, rather than one-year validity period for a special parking identification card; P.A. 82-420 allowed nonprofit organizations that transport handicapped persons to obtain special parking identification cards; P.A. 83-412 deleted all references to nonprofit organizations which transport handicapped persons, thereby eliminating their parking privileges, provided for the phase-out of the special “HP” license plate and its replacement by a special international symbol of access license plate and provided that the provisions of Subsec. (e) are not applicable where an ordinance or state building code specifies more stringent requirements re size of parking area or number of special parking spaces; P.A. 84-377 amended Subsec. (a) to provide for a fee of $2 for the original issuance and renewal of special parking identification cards, a period of validity of two, rather than five, years for such cards and different colors for renewal cards, specific information in the physician's certification of impairment of ability to walk, authorization for commissioner to require additional certification, submission of notarized statement or personal appearance by applicant to request identification and issuance of temporary special parking identification cards, amended Subsec. (b) to provide that special license plates may bear letters or any combination of numerals or letters and that identification issued be returned upon death or change in legal residence to another state, amended Subsec. (d) to provide for towing of vehicles parked in violation of Subsec. (d) for third or subsequent time and impounding of such vehicles, amended Subsec. (f) to require a warning and the international symbol of access in above grade signs, and amended Subsec. (g) to insert new language re required vertical clearance for parking garages or terminals constructed on and after October 1, 1985, relettering remaining Subsecs. accordingly; P.A. 84-546 made technical change in Subsec. (j); P.A. 85-206 amended Subsec. (g), requiring that parking spaces in garages or terminals conform with the requirements of Subsec. (f); P.A. 86-103 permitted the issuance of special parking identification cards to blind persons and permitted the issuance of special license plates to handicapped persons who own motorcycles; P.A. 86-388 amended Subsecs. (a) to (c), inclusive, substituting “number” plate for license plate and including reference to issuance of a set of plates in accordance with provisions of Sec. 14-21b(a); P.A. 87-304 amended Subsec. (b) to increase fee for issuance of special number plate from $5 to $10 and exempt any handicapped person who transfers an unexpired registration and replaces number plate with special plate from payment of fees for transfer or replacement; P.A. 88-32 amended Subsec. (a) to require M.D. certification of blindness or “permanent” impairment of ability to walk only at time of original application and amended Subsec. (k) to require that the fine for violation of Subsec. (d) be a minimum of $85; P.A. 89-74 amended Subsec. (a) to permit optometrists to certify blindness at the time of original application and to delete requirement that permanent impairment of walking ability be certified at time original application is made; P.A. 90-300 amended Subsec. (e) to add two subdivision designations in the last sentence re exceptions and to insert new language as Subdiv. (2) “in the event a municipal ordinance imposes more stringent requirements as to the size of existing private parking areas …” and amended Subsec. (g) to insert “public” before “parking garage or terminal” and “as defined in the state building code” thereafter, to require that vertical clearance be provided at a primary entrance and to add language concerning an exemption granted pursuant to Sec. 29-269(b); P.A. 94-189 substantially revised provisions of section deleting former Subsecs. (a), (b), (c) and (j) re special parking identification cards and license plates with new provisions, relettering former Subsecs. (d), (e), (f), (g), (h), (i) and (k) accordingly and making technical changes; P.A. 95-325 amended Subsec. (f) to specify when ambulances transporting patients may park in reserved area, effective July 13, 1995; P.A. 99-268 amended Subsec. (b) by allowing the commissioner to accept discharge papers of a disabled veteran for establishing that such veteran meets the definition of a person with disabilities which limit or impair the ability to walk, amended Subsec. (e) to revise provisions re parking without penalty in legally permissible parking areas for unlimited periods of time, notwithstanding periods indicated by parking meters or signs, and amended Subsec. (h) by increasing designated parking space size from 15 feet wide, including 3 feet of cross hatch, to 16 feet wide, including 7 feet of cross hatch, and by requiring parking space signs to indicate the minimum fine for a violation of Subsec. (f); P.A. 00-169 amended Subsec. (a)(2) by removing provision stating a placard is valid for a period of five years from the date of issuance, Subsec. (b) by deleting reference to the $5 fee re applications and renewal applications for special license plates and removable windshield placards, and by adding a provision requiring a $5 fee for temporary removable windshield placard, effective October 1, 2000, and Subsec. (h) by changing parking space size requirements from “sixteen feet wide including seven feet of cross hatch” to “fifteen feet wide including three feet of cross hatch”, effective June 1, 2000, and revised effective date of P.A. 99-268 but without affecting this section; P.A. 02-70 amended Subsec. (b) to make a technical change, effective July 1, 2002; P.A. 04-199 amended Subsec. (b) to permit advanced practice registered nurse to certify disabilities which limit or impair ability to walk re applications for special license plates and removable windshield placards and to certify that such disabilities meet definition under federal law, effective July 1, 2004; P.A. 04-237 amended Subsec. (h) to insert “and prior to October 1, 2004,” and to add requirements re parking spaces for passenger motor vehicles and passenger vans designated for the handicapped, and amended Subsec. (i) to make a technical change, to provide that requirement re 9 feet 6 inches' vertical clearance for public parking garages or terminals apply to those constructed under a building permit application filed on or after October 1, 1985, and prior to October 1, 2004, and to add 8 feet 2 inches vertical clearance requirements for public parking garages or terminals constructed under a building permit application filed on or after October 1, 2004; P.A. 06-130 amended Subsec. (b) to provide that commissioner is not required to issue more than one placard per applicant, amended Subsec. (d) by removing requirement that commissioner issue an additional placard to an applicant who has no special license plates and made a technical change in Subsec. (l), effective June 2, 2006; P.A. 07-52 amended Subsec. (l) by replacing infraction and minimum fine provisions with a fine of $150 for a first violation and a fine of $250 for a subsequent violation; P.A. 08-184 amended Subsec. (b) by adding “physician's assistant” to health care providers who may issue certification of disability; P.A. 09-11 made a technical change in Subsec. (b); P.A. 09-187 added Subsec. (a)(4) to define “persons with disabilities”, amended Subsec. (b) to add provision re applications from parent or guardian if person is unable to request or complete application, establish requirements for issuance of placards on and after January 1, 2010, add requirement re record, replace former certification language with provision re certification of legal blindness from board, and limit issuance to 1 placard per applicant, amended Subsec. (c) to limit issuance of plates to 2 vehicles per person, added new Subsecs. (m) to (o) re issuance, renewal and cancellation of placards, redesignated existing Subsec. (m) as Subsec. (p), changed “removable windshield placard” to “placard”, “blind persons” to “persons who are blind” and “handicapped person” to “person with disabilities” throughout, and made conforming and technical changes, effective July 8, 2009; Sept. Sp. Sess. P.A. 09-7 amended Subsec. (b) by authorizing certification of disability from a physician's assistant or advanced practice registered nurse, effective October 5, 2009; P.A. 10-110 amended Subsec. (a)(4) to revise reference to 23 CFR by replacing “Part” with “Section” and amended Subsec. (b) to restate application and renewal application process for persons with disabilities and persons with blindness and to provide that any person who makes a required certification shall sign application under penalty of false statement, effective June 5, 2010; P.A. 11-44 amended Subsec. (b) by replacing “Board of Education and Services for the Blind” with “Bureau of Rehabilitative Services” and replacing “commissioner” with “Commissioner of Motor Vehicles”, effective July 1, 2011 (Revisor's note: In Subsec. (b), a reference to “handicapped driver training unit” was changed editorially by the Revisors to “driver training unit for persons with disabilities” to conform with changes made by P.A. 11-44, S. 46); P.A. 11-213 amended Subsec. (b) to authorize renewal of special plates issued prior to October 1, 2011, prohibit issuance of new special plates for motor vehicles on and after October 1, 2011, and make conforming changes, and amended Subsec. (c) to replace “motor vehicle” with “motorcycle”, authorize issuance and renewal of windshield placards and special plates for motorcycles, and make conforming and technical changes; P.A. 12-132 amended Subsec. (g) by replacing “State Traffic Commission” with “Office of the State Traffic Administration”, effective July 1, 2012; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (b) by replacing “Bureau of Rehabilitative Services” with “Department of Rehabilitation Services”, effective July 1, 2012; P.A. 13-282 amended Subsec. (f) to add provision re municipal police officer who observes violation to issue written warning or summons; June Sp. Sess. P.A. 15-5 amended Subsec. (l) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re dumping snow in a special parking space; P.A. 16-78 amended Subsec. (a) by adding Subdiv. (5) defining “symbol of access”, amended Subsecs. (a) and (c) by replacing “international symbol of access” and “international access symbol” with “symbol of access” and amended Subsec. (h) by adding provisions re requirements for parking space sign replaced, repaired or erected on and after January 1, 2017, effective January 1, 2017; P.A. 17-79 amended Subsec. (b) by deleting former Subpara. (A) re certification that applicant is disabled, redesignating existing Subpara. (B) re certification that applicant meets the definition of a person with a disability which limits or impairs ability to walk as Subpara. (A), and adding new Subpara. (B) re veteran with post-traumatic stress disorder and who meets definition of person with a disability, effective June 27, 2017; P.A. 17-230 amended Subsec. (h) by replacing “2004” with “2017”, adding “or parallel to a sidewalk on a public highway”, deleting reference to January 1, 2017, and making technical changes; P.A. 19-119 amended Subsec. (e) to add “or the cross hatch abutting such spaces”, amended Subsec. (f) to designate existing provision re parking in reserved public or private areas as Subdiv. (1), add Subdiv. (2) re use of cross hatch and make technical and conforming changes, amended Subsec. (l)(1) and (2) to increase fine for first violation from $150 to $250 and increase fine for subsequent violation from $250 to $500; P.A. 19-157 amended Subsec. (b) by replacing “Department of Rehabilitation Services” with “Department of Aging and Disability Services”; P.A. 19-161 amended Subsec. (b) to add provision re issuance of placard to applicant who is parent or guardian of person who is blind or person with disabilities and such person is under 18 years of age; P.A. 21-106 amended Subsec. (b) to remove “if such person is under eighteen at the time of application” re issuance of placard to applicant who is parent or guardian of person who is blind or person with disabilities; P.A. 23-40 amended Subsec. (a) by redefining “removable windshield placard”, amended Subsec. (d) by designating existing provision as Subdiv. (1) and adding Subdiv. (2) re content of placard issued on and after October 1, 2023, and re validity of placard issued prior to October 1, 2023, and amended Subsec. (o) by increasing check of state registration of deaths from periodically to monthly; P.A. 24-20 amended Subsec. (a) to add Subdiv. (6) to define “health care professional” and made a technical change and amended Subsec. (b) to add provision re certification issued by health care professional to be based upon assessment of medical history and current medical condition, replace “physician assistant” with “licensed physician assistant” in Subdiv. (5)(A) and made technical changes; P.A. 25-108 amended Subsec. (h) to designate existing provisions as Subdiv. (1)(A) and (B), replace “On” with “Except as provided in subdivision (2) of this subsection, on”, delete “On and after October 1, 2017, parking spaces for”, add Subdiv. (2) re total width and width of cross hatch for parking spaces provisions specified in Subsec. (h)(1)(A) and (B) not applicable in the event the State Building Code imposes greater width requirements and make technical changes.

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Sec. 14-253c. Accessible Parking Advisory Council. (a) There is established an Accessible Parking Advisory Council, which shall be within the Department of Motor Vehicles for administrative purposes only. The advisory board shall: (1) Develop a strategy to detect, deter and prevent fraud and misuse from occurring with regard to the issuance and use of removable windshield placards for persons who are blind and persons with disabilities from occurring without adversely impacting persons who are blind and persons with disabilities, (2) review the laws in other states concerning the issuance and use of such removable windshield placards, (3) recommend best practices for policies and regulations regarding the application for, and issuance and use of, removable windshield placards and the enforcement of subsection (l) of section 14-253a, (4) identify and make recommendations regarding streetscape issues that interfere with the ability of a person who is blind or person with disabilities to access and use public and private areas reserved for exclusive use by persons who are blind or persons with disabilities, (5) make educational materials available to medical professionals, law enforcement officers and the general public regarding the proper issuance and use of such removable windshield placards, and (6) review the status of such removable windshield placards issued to persons who are blind and persons with disabilities prior to January 1, 2010, for the lifetime of such persons.

(b) The advisory council shall consist of (1) the Commissioner of Motor Vehicles or the commissioner's designee, (2) the Commissioner of Aging and Disability Services or the commissioner's designee, (3) two members appointed by the Commissioner of Motor Vehicles, who are licensed physicians, physician assistants or advanced practice registered nurses who certify applications for removable windshield placards while in the course of employment, (4) one member appointed by the Commissioner of Aging and Disability Services who represents an organization that advocates on behalf of persons with physical disabilities, (5) one appointed by the House chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to transportation, (6) one appointed by the Senate chairperson of the joint standing committee of the General Assembly having cognizance of matters relating to transportation, who uses accessible parking or advocates on behalf of such users, (7) one appointed by the House ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to transportation, who uses accessible parking or advocates on behalf of such users, (8) one appointed by the Senate ranking member of the joint standing committee of the General Assembly having cognizance of matters relating to transportation, who is a sworn member of a municipal police department, and (9) such other members as the advisory council may prescribe. All initial appointments to the advisory council shall be made not later than September 1, 2023. Each member appointed pursuant to subdivisions (3) to (9), inclusive, of this subsection shall serve for a term of two years and may serve until such member's successor is appointed. Any vacancy shall be filled by the appointing authority. The Commissioner of Motor Vehicles, or the commissioner's designee, shall serve as chairperson of the advisory council. The advisory council shall meet at such times as it deems necessary and may establish rules governing its internal procedures.

(c) Not later than January 1, 2025, and annually thereafter, the advisory council shall submit a report, in accordance with the provisions of section 11-4a, regarding the strategy developed pursuant to subsection (a) of this section, the findings of the advisory council and any recommendations for legislation to the joint standing committee of the General Assembly having cognizance of matters relating to transportation.

(P.A. 23-40, S. 36; P.A. 24-20, S. 45; P.A. 25-159, S. 23.)

History: P.A. 23-40 effective June 12, 2023; P.A. 24-20 amended Subsec. (b) to delete reference to municipality planner in Subdiv. (5) and made technical changes, effective May 21, 2024; P.A. 25-159 amended Subsec. (b)(9) to make a technical change, effective July 1, 2025.

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Sec. 14-276b. School bus driver training re life-threatening allergic reactions and administration of medication. (a) As used in this section:

(1) “Carrier” has the same meaning as provided in section 14-212;

(2) “School bus driver” means any person who holds a commercial driver's license with a public passenger endorsement to operate a school bus pursuant to subsection (a) of section 14-44;

(3) “School bus” has the same meaning as provided in section 14-1; and

(4) “Cartridge injector” means an automatic prefilled cartridge injector or similar automatic injectable equipment used to deliver epinephrine in a standard dose for emergency first aid response to allergic reactions.

(b) (1) Not later than June 30, 2019, each carrier shall provide the training described in subsection (c) of this section to all of its school bus drivers.

(2) On and after July 1, 2019, each carrier shall provide the training described in subsection (c) of this section to a school bus driver as follows:

(A) In the case of a school bus driver who is employed by such carrier, such training shall be provided to such school bus driver following the issuance or renewal of a public passenger endorsement to operate a school bus pursuant to subsection (a) of section 14-44, to such school bus driver; and

(B) In the case of a school bus driver who is not employed by such carrier at the time when such endorsement is issued or renewed to such school bus driver, upon the hiring of such school bus driver by such carrier, except such carrier shall not be required to provide such training to any school bus driver who has previously received such training following the most recent issuance or renewal of such endorsement to such school bus driver.

(c) The training required under this section shall include, but need not be limited to, instruction on (1) the identification of the signs and symptoms of anaphylaxis, (2) the administration of epinephrine by a cartridge injector, nasal spray and any other medical equipment approved by the United States Food and Drug Administration for the administration of epinephrine, (3) the notification of emergency personnel, and (4) the reporting of an incident involving a student and a life-threatening allergic reaction. Such training may be completed using an online module, provided such online module meets the requirements of this section.

(P.A. 18-185, S. 3; P.A. 25-143, S. 22.)

History: P.A. 18-185 effective July 1, 2018; P.A. 25-143 added reference to nasal spray and other medical equipment in Subsec. (c)(2), effective July 1, 2025.

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Sec. 14-279c. Ordinance re illegally passing a school bus and municipal school bus violation enforcement system. (a) As used in this section, “municipal school bus violation enforcement system” means a system with one or more camera sensors and computers that produce: (1) Digital and recorded video images of motor vehicles being operated in violation of an ordinance adopted pursuant to subsection (b) of this section, (2) a visual image that is viewable remotely and a recorded image of the number plate of a motor vehicle violating an ordinance adopted pursuant to subsection (b) of this section, and (3) a recorded image that indicates the date, time and location of the violation.

(b) (1) Any municipality, as defined in section 7-148, may, by vote of its legislative body, adopt an ordinance to authorize the use of a municipal school bus violation enforcement system to enforce the provisions of subsection (a) of section 14-279, provided such ordinance: (A) Specifies that the owner of a motor vehicle commits a violation of the ordinance if the person operating such motor vehicle violates the provisions of subsection (a) of section 14-279, unless an affidavit is filed pursuant to subsection (j) of this section, (B) adopts the procedures described in this section and establishes a citation hearing procedure pursuant to section 7-152c, which may include an option for in-person and virtual citation hearings, (C) establishes a fine for committing a violation of such ordinance in the amount of two hundred fifty dollars, (D) permits the municipality or its designated agent to collect such fines, with proceeds credited to the municipality, and (E) requires funds received by the municipality from such fines to be used for the purposes of improving public safety in such municipality, compensating any private vendor that installs, operates or maintains a municipal school bus violation enforcement system or both. Any such ordinance may require proof of a violation by a preponderance of the evidence.

(2) No ordinance adopted by a municipality pursuant to subdivision (1) of this subsection shall be effective if such municipality, the local or regional board of education serving such municipality or a private vendor under an agreement with such municipality or such board of education is operating a live digital video school bus violation detection monitoring system pursuant to section 14-279a.

(c) (1) A municipal school bus violation enforcement system installed to enforce an ordinance adopted pursuant to subsection (b) of this section shall, to the extent practicable, record images of the number plate of a motor vehicle only, and shall not record images of the occupants of such motor vehicle or of any other persons or vehicles in the vicinity at the time the images are recorded. A citation issued under an ordinance adopted pursuant to subsection (b) of this section may not be dismissed in a citation hearing solely because a recorded video or digital still image reveals images of such occupants or other persons or vehicles, as long as the operator of such system has made reasonable efforts to comply with the provisions of this subsection.

(2) A warning sign shall be posted on all school buses in which a municipal school bus violation enforcement system is installed and operated indicating the use of such system.

(d) (1) Upon receipt of an evidence file from a municipal school bus violation enforcement system that captures an alleged violation of an ordinance adopted pursuant to subsection (b) of this section, a police officer or authorized municipal employee shall review such file. If such officer or employee has reasonable grounds to believe that such a violation occurred and such file captures the number plate, color and type of vehicle allegedly violating such ordinance and the date, approximate time and location of such violation, such officer or employee shall issue a written warning or citation to the owner of such vehicle. Such officer or employee shall electronically certify a citation, and such citation shall only be issued if mailed within the time period described in subdivision (2) of this subsection.

(2) In the case of an alleged violation involving a motor vehicle registered in the state, the municipality, or its designated agent, shall send a copy of a citation to the owner of the motor vehicle observed in the alleged violation not later than thirty days after the date of the alleged violation. In the case of an alleged violation involving a motor vehicle registered in another jurisdiction, the municipality, or its designated agent, shall send a copy of a citation to the address of the owner that is in the records of the official in the other jurisdiction issuing such registration not later than sixty days after the alleged violation.

(3) A citation issued pursuant to subdivision (1) of this subsection shall include: (A) The name and address of the owner of the motor vehicle; (B) the number plate of the motor vehicle; (C) the ordinance allegedly violated; (D) the date, location and time of the alleged violation; (E) a copy of or information on how to view, through electronic means, the recorded images described in this section; (F) a statement or electronically generated affirmation by the police officer or authorized employee who reviewed the recorded images and determined that the motor vehicle violated an ordinance adopted pursuant to subsection (b) of this section; (G) the fine imposed pursuant to the ordinance and how to pay such fine; (H) notice of the right to contest the citation and instructions for how to request a citation hearing; and (I) information advising the owner of the motor vehicle of the procedure for disclaiming liability by submitting an affidavit as described in subsection (j) of this section to the municipality or its designated agent.

(e) A citation shall be sent by first class mail. A manual or automated record prepared by the police officer, authorized employee or vendor in the ordinary course of business shall be prima facie evidence of such mailing and shall be admissible in any citation hearing as to the facts contained in the citation.

(f) A certificate or facsimile of a certificate of the review of the evidence produced by the municipal school bus violation enforcement system, sworn to by the police officer or authorized municipal employee who conducted such review, shall be prima facie evidence of the facts contained in such certificate.

(g) The owner of a motor vehicle shall be liable for any fine imposed pursuant to an ordinance adopted pursuant to subsection (b) of this section, unless (1) the vehicle identified by a municipal school bus violation enforcement system is a leased or rented motor vehicle, in which case the lessee of such vehicle shall be liable for any such fine, or (2) an affidavit is filed pursuant to subsection (j) of this section, in which case the operator shall be liable for any such fine.

(h) A digital still or video image produced by a municipal school bus violation enforcement system shall be sufficient evidence of a violation of an ordinance adopted pursuant to subsection (b) of this section and shall be admitted at a citation hearing proceeding without further authentication.

(i) All defenses shall be available to any person who is alleged to have committed a violation of an ordinance adopted pursuant to subsection (b) of this section, including, but not limited to, that: (1) The operator was driving an emergency vehicle in accordance with the provisions of subdivision (1) of subsection (b) of section 14-283, (2) the violation was necessary to allow the passage of an emergency vehicle, (3) the violation was necessary in order for the operator to comply with an order or direction from a law enforcement officer, which is observable on the recorded images, (4) the violation was necessary to avoid injuring the person or property of another, (5) the violation took place during a period of time in which the motor vehicle had been reported as being stolen to a law enforcement unit, as defined in section 7-294a, and had not been recovered prior to the time of the violation, or (6) the operator received a citation for a violation of section 14-279, for the same incident.

(j) Not later than thirty days after the mailing of a citation pursuant to subdivision (2) of subsection (d) of this section, the owner of a motor vehicle may submit a notarized affidavit, executed by such owner and the operator of such vehicle at the time of the alleged violation, stating that such operator is the party who may be responsible for the alleged violation and providing the name and address of such operator. If the municipality or its designated agent receives such an affidavit, the municipality shall mail a citation to such operator not later than thirty days after receipt of the affidavit.

(k) No recorded image produced by a municipal school bus violation enforcement system may be introduced as evidence in any other civil or criminal proceedings.

(l) A digital still or video image produced by a municipal school bus violation enforcement system to enforce an ordinance adopted pursuant to subsection (b) of this section shall be destroyed the later of: (1) Ninety days after the date of the creation of such digital still or video image, or (2) upon payment or final disposition of all matters related to a citation issued for a violation of an ordinance adopted pursuant to subsection (b) of this section, to which such digital still or video image pertains.

(m) Violations of an ordinance adopted pursuant to subsection (b) of this section shall not be made part of the driving control record, as described in section 14-111l, of such owner and may not be used for any purpose in the provision of a motor vehicle insurance policy.

(n) A municipality or local or regional board of education may enter into an agreement with a private vendor for the installation, operation or maintenance, or any combination thereof, of a municipal school bus violation enforcement system for purposes of enforcing an ordinance adopted pursuant to subsection (b) of this section. Any such agreement that requires a vendor to operate such a system shall require such vendor to report to the municipality in which such system operates and the appropriate local or regional board of education, not later than August first following the vendor's first operation of such system pursuant to such agreement, and not later than August first in each year thereafter in which the operation of such system continues pursuant to such agreement: (1) The total number of citations issued in the prior fiscal year for violations of an ordinance adopted pursuant to subsection (b) of this section that were detected and recorded by the municipal school bus violation enforcement system, and (2) the total amount of funds collected for such violations in the prior fiscal year.

(o) (1) Each municipality that adopts an ordinance pursuant to subsection (b) of this section shall, not later than October first following adoption of such an ordinance, and not later than October first in each year thereafter in which such ordinance is in effect, submit a report to the Department of Transportation, which shall include, but need not be limited to: (A) A copy of such ordinance, (B) the total number of citations issued for a violation of such ordinance in the prior fiscal year, (C) the total amount of funds collected for such violations in the prior fiscal year, and (D) how the municipality spent such funds in the prior fiscal year.

(2) Not later than January 1, 2026, and annually thereafter, the Department of Transportation shall submit a report, in accordance with the provisions of section 11-4a, to the joint standing committees of the General Assembly having cognizance of matters relating to public safety and security and transportation. Such report shall include copies of the ordinances and a summary of the information submitted to the department pursuant to subdivision (1) of this section.

(P.A. 24-107, S. 4; P.A. 25-159, S. 24.)

History: P.A. 24-107 effective July 1, 2024; P.A. 25-159 amended Subsec. (d)(2) to make a technical change, effective July 1, 2025.

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Sec. 14-283b. Motor vehicle operator required to move over or reduce speed when approaching emergency vehicle that is stationary or traveling significantly below speed limit and nonemergency vehicle that is stationary and located on shoulder. Penalty. (a) For the purpose of this section, “emergency vehicle” means any vehicle with activated flashing lights (1) operated by a member of an emergency medical service organization responding to an emergency call, (2) operated by a fire department or by any officer of a fire department responding to a fire or other emergency, (3) operated by a police officer, (4) that is a maintenance vehicle, as defined in section 14-1, or (5) that is a wrecker, as defined in section 14-1, “police officer” has the meaning set forth in section 7-294a, and “highway” has the meaning set forth in section 14-1, provided such highway has two or more travel lanes that proceed in the same direction.

(b) (1) Any operator of a motor vehicle on a highway when approaching one or more emergency vehicles that are stationary or traveling significantly below the posted speed limit and located on the shoulder, lane or breakdown lane of such highway shall (A) immediately reduce speed to a reasonable level below the posted speed limit, and (B) if traveling in the lane adjacent to the shoulder, lane or breakdown lane containing such emergency vehicle, move such motor vehicle over one lane, unless such movement would be unreasonable or unsafe.

(2) Any operator of a motor vehicle on a road that provides for two lanes of undivided traffic proceeding in the opposite direction when approaching one or more emergency vehicles that are stationary or traveling significantly below the posted speed limit and located on the shoulder, lane or breakdown lane of such road shall immediately reduce speed to a reasonable level below the posted speed limit until safely clear of the emergency vehicle.

(c) Any operator of a motor vehicle on a highway when approaching one or more nonemergency vehicles that are stationary and located on the shoulder, lane or breakdown lane of such highway shall, if traveling in the lane adjacent to the shoulder, lane or breakdown lane containing such nonemergency vehicle, move such motor vehicle over one lane, unless such movement would be unreasonable or unsafe.

(d) (1) Any person who violates the provisions of subsection (b) of this section shall have committed an infraction, except that if such violation results in the injury of the operator or any occupant of an emergency vehicle, such person shall be fined not more than five thousand dollars and, if such violation results in the death of the operator or any occupant of an emergency vehicle, such person shall be fined not more than twenty thousand dollars.

(2) Any person who violates the provisions of subsection (c) of this section shall have committed an infraction.

(P.A. 09-121, S. 1; 09-187, S. 44; P.A. 12-19, S. 1; P.A. 16-151, S. 3; P.A. 17-230, S. 14; P.A. 23-40, S. 32; P.A. 25-159, S. 64.)

History: P.A. 09-187 redefined “police officer” in Subsec. (a); P.A. 12-19 amended Subsec. (a) to redefine “highway” and amended Subsec. (c) to rephrase provisions and make technical changes; P.A. 16-151 amended Subsec. (b) by replacing provision re stationary emergency vehicles with provision re emergency vehicles that are stationary or traveling significantly below posted speed limit, effective July 1, 2016; P.A. 17-230 added new Subsec. (c) re moving over for nonemergency vehicles that are stationary and redesignated existing Subsec. (c) re violation of Subsec. (b) as Subsec. (d)(1) and amended same by adding Subdiv. (2) re violation of Subsec. (c); P.A. 23-40 amended Subsec. (b) to designate existing provision as new Subsec. (1), redesignate existing Subdivs. (1) and (2) as Subparas. (A) and (B) and add Subdiv. (2) re reducing speed when approaching emergency vehicle on a road with two lanes of undivided traffic proceeding in opposite direction, amended Subsec. (d)(1) to add “or any occupant” and made a technical change; P.A. 25-159 amended Subsec. (d)(1) by increasing fine for violation that results in injury of operator or occupant of emergency vehicle from $2,500 to $5,000 and increasing fine for violation that results in death of operator or occupant of emergency vehicle from $10,000 to $20,000.

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Sec. 14-286. Use of bicycles, electric bicycles, electric scooters, motor-driven cycles and high-mileage vehicles. (a) Each person operating a bicycle, an electric bicycle or an electric scooter upon and along a sidewalk or across any roadway upon and along a crosswalk shall yield the right-of-way to any pedestrian and shall give an audible signal within a reasonable distance before overtaking and passing a pedestrian. Each person operating a bicycle, an electric bicycle, an electric scooter or a motor-driven cycle upon a roadway shall, within a reasonable distance, give an audible signal before overtaking and passing a pedestrian or another person operating a bicycle, an electric bicycle, an electric scooter or a motor-driven cycle. No person shall operate a bicycle, an electric bicycle or an electric scooter upon or along a sidewalk or across a roadway upon and along a crosswalk if such operation is prohibited by any ordinance of any city, town or borough or by any regulation of the Office of the State Traffic Administration issued or adopted pursuant to the provisions of section 14-298.

(b) Except as provided in subsection (c) of this section, no person shall ride a motor-driven cycle unless that person holds a valid motor vehicle operator's license. No person shall operate a motor-driven cycle on any sidewalk, limited access highway or turnpike.

(c) (1) The Commissioner of Motor Vehicles may issue to a person who does not hold a valid operator's license a special permit that authorizes such person to ride a motor-driven cycle if (A) such person presents to the commissioner a certificate by a physician licensed to practice medicine in this state, a physician assistant licensed pursuant to chapter 370 or an advanced practice registered nurse licensed pursuant to chapter 378 that such person is physically disabled, as defined in section 1-1f, other than blind, and that, in the physician's, physician assistant's or advanced practice registered nurse's opinion, such person is capable of riding a motor-driven cycle, and (B) such person demonstrates to the Commissioner of Motor Vehicles that he is able to ride a bicycle on level terrain, and a motor-driven cycle. (2) Such permit may contain limitations that the commissioner deems advisable for the safety of such person and for the public safety, including, but not limited to, the maximum speed of the motor such person may use. No person who holds a valid special permit under this subsection shall operate a motor-driven cycle in violation of any limitations imposed in the permit. Any person to whom a special permit is issued shall carry the permit at all times while operating the motor-driven cycle. Each permit issued under this subsection shall expire one year from the date of issuance.

(d) Notwithstanding any provision of the general statutes, the Office of the State Traffic Administration shall adopt regulations in accordance with the provisions of chapter 54 determining the conditions and circumstances under which the operation of bicycles, electric bicycles and electric scooters may be permitted on those bridges in the state on limited access highways which it designates to be safe for such operation. The operation of bicycles, electric bicycles and electric scooters shall not be prohibited on any such bridges under such conditions and circumstances.

(e) As used in this section: (1) “Sidewalk” means any sidewalk laid out as such by any town, city or borough, and any walk which is reserved by custom for the use of pedestrians, or which has been specially prepared for their use. “Sidewalk” does not include crosswalks and does not include footpaths on portions of public highways outside thickly settled parts of towns, cities and boroughs, which are worn only by travel and are not improved by such towns, cities or boroughs or by abutters; (2) “bicycle” includes all vehicles propelled by the person riding the same by foot or hand power; and (3) “motor-driven cycle” has the same meaning as provided in section 14-1.

(f) A person shall operate a motor-driven cycle on any public highway, the speed limit of which is greater than the maximum speed of the motor-driven cycle, only in the right hand lane available for traffic or upon a usable shoulder on the right side of the highway, except when preparing to make a left turn at an intersection or into or from a private road or driveway.

(g) Any person who pleads not guilty of a violation of any provision of this section shall be prosecuted within fifteen days of such plea.

(h) No person may operate a high-mileage vehicle on any sidewalk, limited access highway or turnpike.

(i) A person may park an electric scooter on any sidewalk provided (1) such electric scooter is parked in a manner that does not impede the reasonable movement of pedestrians and other traffic on such sidewalk, and (2) such parking is not prohibited by any ordinance of any city, town or borough or by any regulations of the Office of the State Traffic Administration issued or adopted pursuant to the provisions of section 14-298.

(j) Violation of any provision of this section shall be an infraction.

(1949 Rev., S. 2505; 1957, P.A. 13, S. 75; 1971, P.A. 119; P.A. 75-577, S. 108, 126; P.A. 76-250, S. 1, 4; 76-381, S. 5; P.A. 77-375, S. 1; P.A. 81-394, S. 6; P.A. 82-88; P.A. 96-167, S. 46, 49; P.A. 97-321, S. 2; P.A. 03-171, S. 13; P.A. 06-130, S. 16; P.A. 08-150, S. 16; P.A. 12-132, S. 24; P.A. 13-271, S. 34; P.A. 15-46, S. 5; P.A. 16-39, S. 12; P.A. 19-162, S. 9; P.A. 21-196, S. 14; P.A. 25-159, S. 48.)

History: 1971 act clarified ban on use of bicycles and tricycles on sidewalks; P.A. 75-577 deleted provision requiring that prosecutions for violations be instituted within 15 days after offense committed and added statement that violation is infraction unless not guilty plea made in which case prosecution to be made within 15 days; P.A. 76-250 added provisions re bicycles with helper motors; P.A. 76-381 replaced provision for $20 maximum fine with statement that violator deemed to have committed an infraction and deleted the later provision re commission of infraction now rendered redundant; P.A. 77-375 excluded tricycles from consideration under provisions, restated rules governing operation of bicycles, deleting ten m.p.h. speed limit and allowing operation on sidewalks if allowed by ordinance or state traffic commission regulation, deleted definition of “park” and “square” and placed statement re violation as infraction in separate Subsec. (b); P.A. 81-394 inserted new Subsec. (b) limiting the operation of high-mileage vehicles and relettered former Subsec. (b) accordingly; P.A. 82-88 included provision regarding the adoption of regulations concerning bicycles on bridges; P.A. 96-167 amended Subsec. (a), deleting requirement of operable pedals in definition of “bicycle”, effective July 1, 1996; P.A. 97-321 reorganized Subsec. divisions, inserted new Subsec. (c) re issuance of special permit to ride bicycle with helper motor and amended Subsec. (e) clarifying definition of “sidewalk” and “helper motor” (Revisor's note: In Subsec. (c) references to “helper's motor” were replaced editorially by the Revisors with “helper motor” to conform language with existing references); P.A. 03-171 amended Subsec. (b) to delete “or motorcycle operator's license”; P.A. 06-130 amended Subsec. (e)(3) by removing definition of “helper motor” and defining “bicycle with a helper motor”, effective June 2, 2006; P.A. 08-150 amended Subsec. (a) to include operator of “a motor-driven cycle” in provision requiring the giving of an audible signal before overtaking and passing a pedestrian or bicycle operator, amended Subsec. (b) to replace references to “bicycle with a helper motor” with “motor-driven cycle” and delete prohibition on operating bicycle with a helper motor at a rate of speed exceeding 30 miles per hour, amended Subsec. (c) to replace references to “bicycle with a helper motor” with “motor-driven cycle”, replace reference to “a bicycle without a helper motor” with “a bicycle” and replace reference to “the helper motor” with “the motor”, amended Subsec. (e) to redefine “bicycle”, delete definition of “bicycle with a helper motor” and add definition of “motor-driven cycle”, added new Subsec. (f) re permissible area of operation of a motor-driven cycle, redesignated existing Subsecs. (f), (g) and (h) as new Subsecs. (g), (h) and (i), respectively, and made a technical change in new Subsec. (g); P.A. 12-132 amended Subsecs. (a) and (d) by replacing “State Traffic Commission” with “Office of the State Traffic Administration”, effective July 1, 2012; P.A. 13-271 amended Subsec. (e)(3) to redefine “motor-driven cycle” by replacing “that produces five brake horsepower or less” with “having a capacity of less than fifty cubic centimeters piston displacement”, effective July 1, 2013; P.A. 15-46 amended Subsec. (e)(3) to redefine “motor-driven cycle”, effective July 1, 2015; P.A. 16-39 amended Subsec. (c)(1)(A) by adding references to advanced practice registered nurse; P.A. 19-162 amended Subsecs. (a) and (d) by adding provisions re electric bicycle and electric foot scooter, added new Subsec. (i) re parking electric foot scooter, redesignated existing Subsec. (i) as Subsec. (j) and made conforming and technical changes; P.A. 21-196 amended Subsec. (c) by adding reference to licensed physician assistant; P.A. 25-159 amended Subsecs. (a), (d) and (i) by replacing references to electric foot scooter with references to electric scooter and amended Subsec. (e) by redefining “motor-driven cycle”.

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Sec. 14-286a. Rights and duties of person riding bicycle, electric bicycle or electric scooter. Regulation of use of bicycle, electric bicycle and electric scooter. (a) Every person riding a bicycle, as defined in section 14-286, an electric bicycle or an electric scooter upon the traveled portion of a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any vehicle subject to the requirements of the general statutes relating to motor vehicles, except (1) as to those provisions which by their nature can have no application, (2) each town, city or borough and the Office of the State Traffic Administration within its jurisdiction as provided in section 14-298 shall have authority to regulate bicycles, electric bicycles and electric scooters as provided in sections 14-289 and 14-298, and (3) as provided by section 14-286c. No parent of any child and no guardian of any ward shall authorize or knowingly permit any such child or ward to violate any provision of the general statutes or ordinances enacted under section 14-289 relating to bicycles, electric bicycles or electric scooters.

(b) Every person operating a bicycle solely by hand or foot power upon and along any sidewalk or across any roadway upon and along any crosswalk shall be granted all of the rights and shall be subject to all of the duties applicable to pedestrians walking in such areas as provided by the general statutes, except as provided otherwise by any ordinance of any city, town or borough or any regulation of the Office of the State Traffic Administration, issued or adopted pursuant to the provisions of section 14-289.

(February, 1965, P.A. 448, S. 37; P.A. 77-375, S. 2; P.A. 78-331, S. 11, 58; P.A. 12-132, S. 25; P.A. 18-165, S. 11; P.A. 19-162, S. 10; P.A. 25-159, S. 49.)

History: P.A. 77-375 deleted references to tricycles, included reference to regulations imposed by state traffic commission and added Subsec. (b) re rights of cyclists operating bicycle solely by hand or foot power; P.A. 78-331 made technical changes; P.A. 12-132 replaced “State Traffic Commission” with “Office of the State Traffic Administration”, effective July 1, 2012; P.A. 18-165 amended Subsec. (a) to add references to electric bicycles and make a technical change; P.A. 19-162 amended Subsec. (a) to add references to electric foot scooters, insert Subdiv. designators (1) to (3) and make technical changes; P.A. 25-159 amended Subsec. (a) by replacing references to electric foot scooters with references to electric scooters.

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Sec. 14-286b. Operation of bicycles, electric bicycles and electric scooters on roadways. Prohibitions re attaching to moving vehicle. Penalty. (a) Any person operating a bicycle, an electric bicycle or an electric scooter upon a roadway at less than the normal speed of traffic shall ride as close to the right side of the roadway as is safe, as judged by such person, except when:

(1) Overtaking or passing another vehicle proceeding in the same direction;

(2) Preparing for a left turn at an intersection or into a private road or driveway;

(3) Reasonably necessary to avoid conditions, including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or lanes that are too narrow for a bicycle, an electric bicycle or an electric scooter and a motor vehicle to travel safely side by side within such lanes;

(4) Approaching an intersection where right turns are permitted and there is a dedicated right turn lane, in which case a person operating a bicycle, an electric bicycle or an electric scooter may ride on the left-hand side of such dedicated lane, even if such person does not intend to turn right;

(5) Riding on a roadway designated for one-way traffic, when the person operating a bicycle, an electric bicycle or an electric scooter may ride as near to the left-hand curb or edge of such roadway as judged safe by such person; or

(6) Riding on parts of roadways separated for the exclusive use of bicycles, electric bicycles or electric scooters, including, but not limited to, contra-flow bicycle lanes, left-handed cycle tracks or bicycle lanes on one-way streets and two-way cycle tracks or bicycle lanes.

(b) Persons riding bicycles, electric bicycles or electric scooters upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles, electric bicycles or electric scooters. Persons riding two abreast, as provided in this subsection, shall not impede the normal and reasonable movement of traffic, and, on a laned roadway, shall ride within a single lane.

(c) No person riding upon any bicycle, electric bicycle, motor-driven cycle, roller skates, skis, sled, skateboard, coaster, toy vehicle, electric scooter or any other vehicle not designed or intended to be towed shall attach the same or such person to any vehicle moving or about to move on a public roadway nor shall the operator of such vehicle knowingly permit any person riding a bicycle, electric bicycle, motor-driven cycle, roller skates, skis, skateboard, coaster, sled, toy vehicle, electric scooter or any other vehicle not designed or intended to be towed to attach the same or such person to such vehicle so operated or about to be operated, provided any person operating a bicycle solely by foot or hand power may attach a bicycle trailer or semitrailer thereto, provided such trailer or semitrailer is designed for such attachment.

(d) No person operating a bicycle, as defined in section 14-286, an electric bicycle or an electric scooter upon a roadway, path or part of roadway set aside for exclusive use of bicycles, electric bicycles or electric scooters shall carry on such bicycle, electric bicycle or electric scooter a passenger unless such bicycle, electric bicycle or electric scooter is equipped or designed to carry passengers, provided any person who has attained the age of eighteen years may carry any child while such person is operating a bicycle propelled solely by foot or hand power, provided such child is securely attached to his or her person by means of a back pack, sling or other similar device. The term “child”, as used in this subsection, means any person who has not attained the age of four years.

(e) No person operating a bicycle, as defined in section 14-286, an electric bicycle or an electric scooter shall carry any package, bundle or other article which prevents such person from using both hands in the operation of such bicycle, electric bicycle or electric scooter. Each person operating such bicycle, electric bicycle or electric scooter shall keep at least one hand on the handlebars thereof when such bicycle, electric bicycle or electric scooter is in motion.

(f) Violation of any provision of this section shall be an infraction.

(February, 1965, P.A. 448, S. 38; P.A. 75-577, S. 109, 126; P.A. 77-375, S. 3; P.A. 98-165, S. 3; P.A. 13-271, S. 35; P.A. 15-41, S. 3; P.A. 18-165, S. 12; P.A. 19-162, S. 11; P.A. 25-159, S. 50.)

History: P.A. 75-577 added Subsec. (e); P.A. 77-375 added provisions re riding two abreast in Subsec. (b), deleted Subsec. (c), relettered former Subsec. (d) as Subsec. (c), including under its provisions skateboards and coasters and adding proviso re attachment of bicycle trailers and semitrailers, replaced former Subsec. (e) with new provisions re carrying passengers (now Subsec. (d)), added new Subsec. (e) re carrying bundles and added new Subsec. (f) containing provision re violation formerly found in Subsec. (d); P.A. 98-165 amended Subsec. (a) to replace provision requiring bicyclist to exercise due care when passing a standing vehicle or one proceeding in the same direction with Subdivs. (1) to (4), inclusive, specifying exceptions to requirement of riding as near to the right side of roadway as practicable; P.A. 13-271 amended Subsec. (c) to include motor-driven cycle, skis or any other vehicle not designed or intended to be towed and to make technical changes, effective July 1, 2013; P.A. 15-41 amended Subsec. (a) by replacing former provisions with provisions and exceptions re person operating bicycle on roadway at less than normal speed of traffic, effective July 1, 2015; P.A. 18-165 amended Subsecs. (a) to (e) by adding references to electric bicycles and making technical changes; P.A. 19-162 amended Subsecs. (a) to (e) by adding references to electric foot scooter and making technical changes; P.A. 25-159 replaced references to electric foot scooter with references to electric scooter throughout.

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Sec. 14-286c. Left and right turns. (a) Each person riding a bicycle, an electric bicycle or an electric scooter, upon the traveled portion of a highway and intending to make a left turn after proceeding pursuant to the provisions of section 14-244 or subsection (b) of this section may, in lieu of the procedure prescribed by section 14-241, approach as close as practicable to the right-hand curb or edge of the highway, proceed across the intersecting roadway and make such turn as close as practicable to the curb or edge of the highway on the far side of the intersection, provided such procedure is not prohibited by any regulation issued by any town, city, borough or the Office of the State Traffic Administration.

(b) Each person riding a bicycle, an electric bicycle or an electric scooter upon the traveled portion of a highway and intending to make a right turn may, in lieu of the procedure prescribed by section 14-244, before turning and while in motion or if stopped while waiting to turn, signal such turn by extending such person's right hand and arm horizontally with forefinger extended.

(c) No person operating a bicycle, an electric bicycle or an electric scooter upon the traveled portion of a highway and intending to make a right or left turn shall be required when making a signal of such intention to make such signal continuously.

(P.A. 77-375, S. 4; P.A. 12-132, S. 26; P.A. 17-79, S. 27; P.A. 18-165, S. 13; P.A. 19-162, S. 12; P.A. 25-159, S. 51.)

History: P.A. 12-132 amended Subsec. (a) by replacing “State Traffic Commission” with “Office of the State Traffic Administration”, effective July 1, 2012; P.A. 17-79 amended Subsec. (a) to make technical changes; P.A. 18-165 added “or an electric bicycle, as defined in section 14-1,” in Subsecs. (a) to (c); P.A. 19-162 deleted references to Sec. 14-1, added references to electric foot scooter and made technical changes; P.A. 25-159 replaced references to electric foot scooter with references to electric scooter throughout.

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(b) No child seventeen years of age or under shall operate a bicycle, electric bicycle, nonmotorized scooter, skateboard or electric scooter or wear roller skates or in-line skates on the traveled portion of any highway, at a skateboarding park or any park unless such child is wearing properly fitted and fastened protective headgear which conforms to the minimum specifications established by the American National Standards Institute, the United States Consumer Product Safety Commission, the American Society for Testing and Materials or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling, as amended from time to time. Failure to comply with this section shall not be a violation or an offense. Failure to wear protective headgear as required by this subsection shall not be considered to be contributory negligence on the part of the parent or the child nor shall such failure be admissible in any civil action.

(c) A law enforcement officer may issue a verbal warning to the parent or guardian of a child that such child has failed to comply with the provisions of subsection (b) of this section.

(d) A person, firm or corporation engaged in the business of renting bicycles, electric bicycles or electric scooters shall provide protective headgear conforming to the minimum specifications established by the American National Standards Institute, the United States Consumer Product Safety Commission, the American Society for Testing and Materials or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling, as amended from time to time, to any person seventeen years of age or under who will operate the bicycle, electric bicycle or electric scooter if such person does not have protective headgear in his or her possession. A fee may be charged for the protective headgear rental. Violation of any of the provisions of this subsection shall be an infraction.

(e) The Commissioner of Consumer Protection shall post on the Department of Consumer Protection's Internet web site information concerning the dangers of riding bicycles, electric bicycles or electric scooters, skateboarding, roller skating and in-line skating without protective headgear and promoting the use of protective headgear while riding bicycles, electric bicycles or electric scooters, skateboarding, roller skating and in-line skating.

(P.A. 93-286, S. 2; 93-292, S. 1–4; P.A. 96-180, S. 43, 166; P.A. 97-46; P.A. 00-196, S. 12; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 18-167, S. 12; P.A. 19-162, S. 13; P.A. 25-65, S. 20; 25-159, S. 52.)

History: P.A. 93-286 added provision to Subsec. (b) specifying that failure to wear headgear shall not be considered contributory negligence on part of parent or child nor shall failure be admissible in any civil action; P.A. 96-180 amended Subsec. (b) to add “Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling” as alternative organization establishing specifications for protective headgear, effective June 3, 1996; P.A. 97-46 amended Subsec. (b) to require children 15 years of age and under to wear protective headgear and to delete “under twelve” re age of child; P.A. 00-196 added reference to Sec. 14-286e in Subsec. (a); June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 18-167 amended Subsec. (b) to add provisions re operating nonmotorized scooter or skateboard or wearing roller skates or in-line skates on highway, skateboarding park or any park and re properly fitted and fastened protective headgear and to replace reference to specifications established by Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling with reference to specifications established by Snell Memorial Foundation, as amended from time to time, amended Subsec. (d) to replace “bicycle helmet” with “protective headgear” and make technical and conforming changes, and amended Subsec. (e) to replace provision re public awareness campaign with provision re information on department's web site re protective headgear; P.A. 19-162 amended Subsecs. (b), (d) and (e) to add provisions re electric bicycle and electric foot scooter, further amended Subsecs. (b) and (d) to add reference to U.S. Consumer Product Safety Commission and American Society for Testing and Materials, and made technical changes; P.A. 25-65 amended Subsecs. (b) and (d) to replace provision re 15 years of age or under with provision re 17 years of age or under; P.A. 25-159 replaced references to electric foot scooter with references to electric scooter throughout.

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Sec. 14-288. Lights, reflectors and brakes on bicycles, electric bicycles and electric scooters. Whistle emitting devices prohibited. (a) Each bicycle, electric bicycle or electric scooter operated upon the public highway, during the times or under the conditions as provided in subsection (a) of section 14-96a, shall display a lighted lamp upon the forward part of such bicycle, electric bicycle or electric scooter. Such lamp shall, when lighted, emit a white light which in clear weather shall be visible at a distance of not less than five hundred feet in the direction in which such bicycle, electric bicycle or electric scooter is proceeding. Each bicycle, electric bicycle or electric scooter shall also, at all times, be equipped with a reflector or reflecting tail light lens, which reflector or lens shall be attached to the rear of such bicycle, electric bicycle or electric scooter in such manner as to reflect rays of light thrown upon the same, and such reflector or reflecting tail shall be visible at a distance of not less than six hundred feet from the rear when illuminated by the head lamps of a motor vehicle. Such bicycle, electric bicycle or electric scooter shall also be equipped with reflective material so placed and of sufficient size and reflectivity to be visible from both sides of such bicycle, electric bicycle or electric scooter at a distance of not less than six hundred feet when illuminated by the head lamps of a motor vehicle. Each bicycle, electric bicycle or electric scooter shall also, at all times, be equipped with a braking device sufficient to enable the operator thereof to stop within twenty-five feet on dry, level and clean pavement when moving at a speed of ten miles per hour. No person shall equip a bicycle, an electric bicycle or an electric scooter with a siren or device which emits a whistle or use a siren or device which emits a whistle while operating a bicycle, an electric bicycle or an electric scooter.

(b) Operation of a bicycle, an electric bicycle or an electric scooter in conflict with any provision of this section shall be an infraction.

(1949 Rev., S. 2507; 1955, S. 1381d; 1959, P.A. 62, S. 9; P.A. 75-577, S. 111, 126; P.A. 77-375, S. 5; P.A. 18-165, S. 14; P.A. 19-162, S. 14; P.A. 25-159, S. 53.)

History: 1959 act removed requirement that reflector be of a type approved by the commissioner; P.A. 75-577 replaced provision for $5 maximum fine in Subsec. (b) with statement that violation of provisions is an infraction; P.A. 77-375 replaced general requirements that bicycle have rear reflector and brakes with specifications for required equipment, required that headlight be visible from 500 rather than 400 feet and replaced reference to operation half-hour after sunset and before sunrise with reference to operation during times or under conditions specified in Sec. 14-96a(a); P.A. 18-165 added references to electric bicycle; P.A. 19-162 added references to electric foot scooter and made technical changes; P.A. 25-159 replaced references to electric foot scooter with references to electric scooter throughout.

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Sec. 14-289. Regulation of use of bicycles, electric bicycles and electric scooters by municipality. Each town, city and borough shall have authority to make any ordinance not inconsistent with section 14-286 or 14-288 or any regulation of the Office of the State Traffic Administration issued pursuant to section 14-298, respecting governing and controlling the use of bicycles, electric bicycles and electric scooters within such town, city or borough, with appropriate penalties for violation thereof, which ordinances may include provisions requiring annual licensing of bicycles, electric bicycles or electric scooters and providing for registration of any sale of, or change of ownership in, a bicycle, an electric bicycle or an electric scooter.

(1949 Rev., S. 2508; 1957, P.A. 13, S. 76; P.A. 77-375, S. 7; P.A. 12-132, S. 27; P.A. 18-165, S. 15; P.A. 19-162, S. 15; P.A. 25-159, S. 54.)

History: P.A. 77-375 deleted reference to repealed Sec. 14-287 and included reference to regulations of state traffic commission; P.A. 12-132 replaced “State Traffic Commission” with “Office of the State Traffic Administration”, effective July 1, 2012; P.A. 18-165 added references to electric bicycles; P.A. 19-162 added references to electric foot scooters and made technical changes; P.A. 25-159 replaced references to electric foot scooters with references to electric scooters.

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Sec. 14-289g. Protective headgear for motorcycle or motor-driven cycle operators and passengers under twenty-one years of age. Penalty. (a) No person under twenty-one years of age may (1) operate a motorcycle or a motor-driven cycle, as defined in section 14-1, or (2) be a passenger on a motorcycle or motor-driven cycle, unless such operator or passenger is wearing protective headgear that conforms to the minimum specifications established in 49 CFR 571.218, as amended from time to time. Any person who violates this section shall have committed an infraction and shall be fined not less than ninety dollars.

(b) As used in this section, the term “motorcycle” does not include “autocycle”.

(P.A. 89-242, S. 3, 7; P.A. 08-150, S. 17; P.A. 14-187, S. 41; P.A. 15-46, S. 9; P.A. 25-65, S. 19.)

History: P.A. 08-150 amended Subsec. (a) to insert Subdiv. designators (1) and (2), include the operation of a “motor-driven cycle” in Subdiv. (1) and make conforming and technical changes; P.A. 14-187 deleted Subsec. (a) designator, replaced provision re specifications established by regulations with provision re specifications established in 49 CFR 571.218, added provision re infraction and fine for violation, deleted former Subsec. (b) re regulations to establish specifications for protective headgear and deleted former Subsec. (c) re penalty for violation of regulations, effective July 1, 2014; P.A. 15-46 designated existing provisions as Subsec. (a) and amended same to add reference to motor-driven cycle in Subdiv. (2), and added Subsec. (b) re term “motorcycle” not to include “autocycle”, effective July 1, 2015; P.A. 25-65 amended Subsec. (a) to replace provision re under 18 years of age with provision re under 21 years of age and made technical changes.

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Sec. 14-289k. Rights of electric bicycle riders. Operation of electric bicycles. Prohibition re children riding electric bicycles. Protective headgear for electric bicycle riders and passengers. Exceptions. Penalty. (a) Except as provided in this section, the rider of an electric bicycle shall be afforded the same rights and privileges and subject to the same duties as the rider of a bicycle.

(b) Except as provided in this section or where prohibited by local ordinance, an electric bicycle may be ridden where bicycles are permitted to travel.

(d) Except where permitted by local ordinance, a class 2 electric bicycle shall not be ridden on a bicycle trail or path or multiuse trail or path designated for nonmotorized traffic if such trail or path has a natural surface tread made by clearing and grading the soil and no surfacing materials have been added.

(e) No person under the age of sixteen shall ride a class 3 electric bicycle. Any person under the age of sixteen may sit as a passenger on a class 3 electric bicycle provided such bicycle is equipped or designed to carry a passenger.

(f) No person shall ride or sit as a passenger on an electric bicycle unless such person is wearing protective headgear that conforms to the minimum specifications established for bicycle helmets by the American National Standards Institute, the United States Consumer Product Safety Commission, the American Society for Testing and Materials or the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling, as amended from time to time.

(g) The provisions of subsections (b), (c) and (d) of this section shall not apply to any police officer, firefighter or emergency medical technician engaged in the performance of the duties of such officer, firefighter or technician.

(h) Violation of any provision of this section shall be an infraction.

(P.A. 18-165, S. 1; P.A. 19-162, S. 19; P.A. 25-159, S. 37.)

History: P.A. 19-162 deleted former Subsec. (a) re definitions, redesignated existing Subsecs. (b) to (h) as Subsecs. (a) to (g), amended redesignated Subsec. (f) to add reference to American National Standards Institute and Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling, and made technical and conforming changes; P.A. 25-159 amended Subsec. (d) to delete “class 1 or” re ridden on bicycle trail or path or multiuse trail or path and added Subsec. (h) re violation of section is an infraction.

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Sec. 14-289l. Duties of electric bicycle manufacturers. Modification to electric bicycles. Fines. (a) Any manufacturer of electric bicycles offered for sale in this state shall (1) ensure that such electric bicycles comply with all relevant requirements for bicycles established pursuant to 16 CFR 1512, as amended from time to time; (2) affix a conspicuous label to each electric bicycle that contains the classification, maximum speed and motor wattage of such electric bicycle in print not smaller than nine-point type size; (3) equip each class 3 electric bicycle with a speedometer that displays the speed at which such class 3 electric bicycle is traveling in miles per hour; and (4) ensure that (A) the motor of each class 1 electric bicycle disengages when the rider of such electric bicycle stops pedaling or such electric bicycle reaches the speed of twenty miles per hour, (B) the motor of each class 2 electric bicycle disengages when the brakes of such electric bicycle are applied or such electric bicycle reaches the speed of twenty miles per hour, and (C) the motor of each class 3 electric bicycle disengages when the rider of such electric bicycle stops pedaling or such electric bicycle reaches the speed of twenty-eight miles per hour.

(b) No person shall modify an electric bicycle to change the motor-powered speed capability or motor engagement in such a way that the electric bicycle (1) no longer meets the definition of an electric bicycle, as defined in section 14-1, unless such person removes the label affixed in accordance with subsection (a) of this section, or (2) no longer meets the classification of such electric bicycle as indicated on the label affixed in accordance with subsection (a) of this section, unless such person replaces such label with a new label that accounts for the modification and contains the current classification, maximum speed and motor wattage of the electric bicycle.

(c) Any person who violates any provision of this section shall be fined not more than one hundred dollars for the first offense, and not less than one hundred dollars or more than three hundred dollars for each subsequent offense.

(P.A. 18-165, S. 2; P.A. 25-159, S. 35.)

History: P.A. 25-159 designated existing provision re duties of manufacturer of electric bicycles as Subsec. (a) and amended same to delete “On and after January 1, 2019, any” and add provision re nine-point type size print in Subdiv. (2), added Subsec. (b) re modifications to electric bicycle and added Subsec. (c) re fine for violations.

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Sec. 14-289n. Vehicle equipped with an electric motor for propulsion is not electric bicycle, when. Written statement to consumer prior to sale and in advertisements. (a) A vehicle equipped with an electric motor for propulsion is not an electric bicycle if such vehicle (1) does not meet the definition of an electric bicycle, as defined in section 14-1, as sold or offered for sale, (2) has one or more operating modes, is equipped with a throttle and is capable of exceeding twenty miles per hour on motorized propulsion alone in any mode when the throttle is engaged, or (3) has been configured or modified by any person or is designed, manufactured or intended by the manufacturer, importer or seller to be configured or modified to not meet the definition of an electric bicycle, as defined in section 14-1, due to (A) the inclusion of a mechanical switch or button, (B) a modification or change in the software controlling the electric drive system, (C) the use of a mobile application, or (D) any other means intended by the person, manufacturer, importer or seller to modify the vehicle or allow the vehicle to be modified to no longer meet the definition of an electric bicycle, as defined in section 14-1.

(b) No seller of a vehicle equipped with an electric motor for propulsion that is not an electric bicycle may sell such vehicle as an electric bicycle or offer such vehicle for sale if it is labeled as a class 1 electric bicycle, class 2 electric bicycle or class 3 electric bicycle.

(c) Prior to the time of sale and in any digital or print advertisements, including, but not limited to, social media, electronic mail communications, newspapers, magazines and brochures and on posters, a seller of a vehicle equipped with an electric motor for propulsion who describes such vehicle as an “electric bicycle”, “electric bike”, “e-bike” or other similar term but such vehicle does not meet the definition of an electric bicycle, as defined in section 14-1, shall provide a written statement to the consumer (1) disclosing the name or classification of the vehicle under state law or the most likely classification of the vehicle under state law following an intended or anticipated modification to the vehicle described in subparagraphs (A) to (D), inclusive, of subdivision (3) of subsection (a) of this section, and (2) including the following: “This vehicle is not an “electric bicycle” as defined in section 14-1 of the Connecticut General Statutes. It is instead a type of motor vehicle and subject to applicable motor vehicle laws if used on public roads or public lands. Your insurance policies might not provide coverage for accidents involving the use of this vehicle. You should contact your insurance company or agent for available property damage and liability insurance coverage in connection with your use of this vehicle”. Such written statement shall be provided clearly and conspicuously and in a manner designed to attract the attention of a consumer.

(P.A. 25-159, S. 36.)

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Sec. 14-295b. Brain injury prevention and services account. There is established a brain injury prevention and services account, which shall be a separate, nonlapsing account. The account shall contain all moneys required by law to be deposited in the account. Investment earnings from any moneys in the account shall be credited to the account and shall become part of the assets of the account. Any balance remaining in the account at the end of any fiscal year shall be carried forward in the account for the fiscal year next succeeding. The moneys in the account shall be allocated to the Department of Social Services for the purpose of providing grants to the Brain Injury Association of Connecticut.

(P.A. 04-199, S. 40; P.A. 25-110, S. 50.)

History: P.A. 25-110 deleted reference to General Fund and made a technical change, effective July 1, 2025.

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